Singh, a citizen of India who entered the United States without inspection in February 2023, was detained by ICE agents on March 13, 2026, without any identified violation of his supervised release conditions.
The government sought to hold Singh under § 1225(b)(2)(A), a provision that mandates detention for noncitizens "seeking admission" and does not allow for bond hearings.
Singh argued that because he had been present in the country for three years, he was not "seeking admission" and was instead entitled to discretionary detention and a bond hearing under § 1226(a).
Judge Wang held that § 1225(b)(2)(A) applies only to noncitizens presently and actively seeking lawful entry, noting that interpreting the statute to cover all "applicants for admission" would render the "seeking admission" language superfluous.
Citing her prior ruling in Loa Caballero v. Baltazar and the clear weight of persuasive authority, the court concluded that Singh’s long-term presence removed him from the scope of mandatory detention under § 1225.
The court further held that detaining Singh under § 1226(a) without an individualized custody determination violated both the statute and his substantive and procedural due process rights under the Fifth Amendment.
Responding to Singh’s request, the court ordered the government to bear the burden of proving by clear and convincing evidence that continued detention is justified at the upcoming hearing.
Respondents are ordered to provide Singh with a bond hearing before an immigration judge no later than April 15, 2026.
If the government fails to provide the required hearing, Singh must be immediately released from detention.
The parties must file a joint status report by April 22, 2026, detailing the results of the hearing or Singh’s release.
Judge Wang denied Singh’s motion for a temporary restraining order as moot, having granted the identical relief on the merits.