Mohammad Riyad, a Bangladeshi national detained at Calhoun County Jail in Battle Creek, Michigan, entered the United States without inspection in 2022 and was initially paroled after DHS determined he had a credible fear of persecution if returned to Bangladesh. ICE arrested Riyad in October 2025 during a credible fear interview, placing him in expedited removal proceedings and administratively closing his asylum application. Immigration judges twice denied bond hearings, citing lack of jurisdiction under federal immigration precedents.
Judge Maloney ruled that section 1226(a) of the Immigration and Nationality Act, not the mandatory detention provisions of section 1225(b)(2), governs noncitizens like Riyad "who have resided in the United States and were already within the United States when apprehended and arrested." The judge also found that Riyad's detention under the mandatory framework violated his Fifth Amendment due process rights, citing his own analysis from four similar cases decided in December 2025.
The case follows a pattern of similar rulings by Judge Maloney in recent months, as he referenced his reasoning from four other habeas cases involving ICE detainees: Antele Cobix v. Raycraft, Candela Bastidas v. Noem, Acuna Sanchez v. Noem, and Penagos Robles v. U.S. Department of Homeland Security. Immigration judges had denied Riyad's bond requests based on Matter of M-S and related precedents, but Judge Maloney declined to require administrative exhaustion before granting federal habeas relief.
Judge Maloney ordered ICE to provide Riyad with a bond hearing under section 1226(a) within five business days or immediately release him from custody. The ruling comes as federal courts grapple with detention authority over asylum seekers who were initially paroled but later arrested, with the Fifth and Eighth Circuits recently issuing decisions that Judge Maloney noted but said did not change his analysis.