Reyes Lopez v. Bondi et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
DANY ERNESTO REYES LOPEZ,
Petitioner,
v.
PAMELA JO BONDI, et al.,
Respondents.
Case No. 26-cv-0009-ABA
MEMORANDUM OPINION AND ORDER
Petitioner Dany Ernesto Reyes Lopez alleges that he is a citizen of El Salvador
who last entered the United States in or about 2009 and has lived in the country ever
since. ECF No. 1 ¶ 16. On December 30, 2025, as he was on his way to work, Petitioner
was detained by ICE officials. Id. ¶ 19. On January 2, 2026, Petitioner filed this action
challenging his detention. Id. He contends that Respondents have improperly detained
him under 8 U.S.C. § 1225, which should not apply to his detention. Id. ¶ 20. Therefore,
the first question before the Court is whether Petitioner’s detention is governed by 8
U.S.C. § 1225 or § 1226. 8 U.S.C. § 1225 provides for mandatory detention—without a
bond hearing—in certain specified circumstances. Conversely, § 1226 provides for
discretionary detention of a noncitizen who, “[o]n a warrant,” was “arrested and
detained” during the pendency of removal proceedings under § 1229a.
On January 15, 2026, the Parties filed a joint notice providing that “the factual
and legal issues presented in the instant habeas petition do not differ in any material
fashion from those presented in [Bautista Villanueva v. Bondi, et al.], No. 25-cv-4152-
ABA, 2026 WL 100595 (D. Md. Jan. 14, 2026), and Villanueva Funes v. Noem, No. 25-
cv-03860-TDC, 2026 WL 92860, ECF Nos. 13, 14.” ECF No. 7 at 1. Furthermore, the
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notice provided that “as such, unless the Court prefers further briefing on that issue, the
Parties submit that this Court should incorporate the Respondents’ filings in Bautista
Villanueva and Villanueva Funes into the record of this habeas action in lieu of further
briefing.” Id. at 2.
For the same reasons stated in Bautista Villanueva, 2026 WL 100595, Petitioner
is not subject to mandatory detention under § 1225. Accordingly, for the same reasons
stated in Bautista Villanueva and as requested in the Parties’ Joint Notice, the Court is
persuaded that the appropriate remedy for Respondents’ statutory violation is an order
that Petitioner receive a bond hearing within 10 days of this Order.
For these reasons, the Court hereby ORDERS as follows:
1. 	The Petition for Writ of Habeas Corpus is GRANTED IN PART and DENIED
IN PART;
2. 	Petitioner is detained under 8 U.S.C. § 1226(a), not 8 U.S.C. § 1225;
3. 	Under 8 U.S.C. § 1226(a), Petitioner is entitled to a bond hearing consistent
with 8 C.F.R. §§ 236.1(d), 1003.19, & 1236.1(d);
4. 	Consistent with 8 C.F.R. § 236.1(d)(1), Petitioner shall file a request in
Immigration Court seeking a bond hearing consistent with this Court’s Order;
5. 	Petitioner shall be provided with a bond hearing within 10 days of the date of
this Order;
6. 	Petitioner’s bond hearing must be conducted by an Immigration Judge under
8 U.S.C. § 1226, and in accordance with 8 C.F.R. §§ 236.1(d), 1003.19, &
1236.1(d);
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7. 	Any bond hearing must be conducted by an Immigration Court with
jurisdiction, or with administrative control, over Petitioner’s detention and
need not be conducted in Baltimore or Hyattsville;
8. If bond is granted and Petitioner is released, nothing in this Order precludes
ICE from imposing reasonable conditions of release;
9. 	If a bond hearing is not held before an Immigration Judge within 10 days of
the date of this Order, Respondents shall RELEASE Petitioner from custody;
10. If Petitioner is released before having a bond hearing, nothing in this Order
precludes ICE from imposing reasonable conditions of release, including a
requirement that he appear at a bond hearing at Immigration Court in
Maryland; and
11. The parties SHALL FILE a joint status report within 14 days of this Order.
Date: January 16, 2026
___________________
Adam B. Abelson
United States District Judge
/s/
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