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4:25-cv-00387Gamd1 de dez. de 2025

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
B.T.H. 	:
:
Petitioner, 	:
:
v. 	: 	Case No. 4:25-cv-387-CDL-AGH
: 	28 U.S.C. § 2241
Warden, STEWART DETENTION 	:
CENTER, et al., 	:
:
Respondents. 	:
_________________________________
ORDER
Pending before the Court is Petitioner’s application for a writ of habeas corpus
(ECF No. 1). 	Petitioner is a native and citizen of El Salvador who has resided in the
United States for more than twenty years after entering without inspection. 	Pet. ¶ 1,
ECF No. 1. 	On November 7, 2025, he was taken into United States Immigration and
Customs Enforcement (“ICE”) custody and has been detained since then. 	Graumenz
Decl. ¶ 4. Petitioner contends that he is entitled to a discretionary bond hearing under
8 U.S.C. § 1226(a). Respondents argue that Petitioner is not entitled to a bond hearing
because he is detained under 8 U.S.C. § 1225(b)(2), which mandates detention for
certain aliens, without an opportunity for a bond hearing.
As Respondents concede, though, the issue presented in this action is identical to
the issue the Court decided in J.A.M. v. Streeval, No. 4:25-cv-342-CDL, 2025 WL
3050094 (M.D. Ga. Nov. 1, 2025) and P.R.S. v. Streeval, No. 4:25-cv-343-CDL, 2025 WL
3269947 (M.D. Ga. Nov. 24, 2025). Based on the Court’s rationale in J.A.M. and P.R.S.,
the Court finds that Petitioner’s detention is governed by 8 U.S.C. § 1226(a). The Court
Case 4:25-cv-00387-CDL-AGH Document 8 Filed 12/01/25 Page 1 of 2
thus grants Petitioner’s petition for a writ of habeas corpus to the extent that the Court
orders Respondents to provide Petitioner with a bond hearing to determine if Petitioner
may be released on bond under § 1226(a)(2) and the applicable regulations. See 8 C.F.R.
§§ 236.1 & 1236.1.
IT IS SO ORDERED, this 1st day of December, 2025.
s/Clay D. Land
CLAY D. LAND
U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA
Case 4:25-cv-00387-CDL-AGH Document 8 Filed 12/01/25 Page 2 of 2

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