Western District of Michigan Judge Orders ICE Bond Hearing for Detainee, Rejects Mandatory Detention

The ruling resolves substantive constitutional and statutory challenges to the government’s use of mandatory detention provisions against a noncitizen who entered the United States without inspection.

Kevin Chen, a native and citizen of China, was arrested by ICE on March 24, 2026, near Detroit, Michigan. He is currently detained at the North Lake Processing Center in Baldwin, Michigan.

Chen challenged the lawfulness of his detention in a petition filed under 28 U.S.C. § 2241. He argued that ICE improperly applied mandatory detention under 8 U.S.C. § 1225(b)(2) rather than the discretionary detention framework of 8 U.S.C. § 1226(a).

The court agreed, holding that § 1226(a) governs noncitizens who have resided in the United States and were apprehended within the country. The judge relied on statutory analysis from four prior decisions issued by the same court in December 2025.

The court also held that Chen’s detention under the mandatory framework violated his Fifth Amendment due process rights. The judge cited the same prior decisions to support this constitutional conclusion.

Respondents had argued that Chen failed to exhaust administrative remedies. The court declined to enforce prudential exhaustion, noting that waiver was appropriate given the circumstances.

The Detroit Immigration Court had previously held a custody redetermination hearing on April 9, 2026, but determined it lacked jurisdiction to grant bond. The record before the district court indicated no further hearings were scheduled.

Judge Robert J. Jonker ordered Respondents to provide Chen with a bond hearing under § 1226(a) within five business days. Alternatively, the court ordered Chen’s immediate release from custody.

The court retained the Detroit ICE Field Office Director, the Acting Director of ICE, and the Secretary of Homeland Security as Respondents. It dismissed the Attorney General and the Director of the Executive Office for Immigration Review.

Respondents must file a status report within six business days certifying compliance, including details on whether bond was granted, denied, or the conditions imposed.