Nam Hyun Kim, who is detained at the Adelanto Processing Center in California, entered the United States from Guatemala in January 2021 through Los Angeles International Airport without being encountered by Immigration and Customs Enforcement upon arrival. Kim filed a timely asylum application in February 2026, but his claim was denied and he plans to appeal by April 10. ICE officers later detained him outside the Lancaster courthouse after allegedly posing as court officers to lure him to their location.
Donahue found that Kim qualifies as a member of the 'Bond Eligible Class' certified in the recent case Maldonado Bautista v. Santacruz, which covers noncitizens who entered without inspection, were not apprehended upon arrival, and are not subject to mandatory detention. 'The Bond Eligible Class members are detained under 8 U.S.C. § 1226(a), are not subject to mandatory detention under § 1225(b)(2), and are entitled to consideration for release on bond,' the judge wrote, citing the Bautista ruling.
Kim filed his habeas corpus petition on February 6, 2026, raising seven counts for relief, with Count Five specifically asserting violations of federal bond regulations. The government acknowledged in its response that Kim is likely a member of the Bond Eligible Class and would be entitled to a bond hearing under the Bautista decision if he qualifies for relief.
The ruling demonstrates the ongoing impact of the Bautista class action on individual immigration detention cases in the Central District of California. Kim's case represents one of potentially thousands of detained immigrants who may now be entitled to bond hearings under the class action ruling, which could significantly affect immigration detention practices in the region.