Victor Hugo Ramirez Delgado, a Mexican citizen who has lived in the United States for approximately 20 years, was arrested by ICE officers on March 28, 2026, at the Shelby County Jail pursuant to an administrative warrant. He was then transferred to the Clay County Jail in Brazil, Indiana, and served with a Notice to Appear for removal proceedings charging him with being present in the U.S. without admission or proper documentation.
Judge Hanlon determined that Ramirez Delgado's detention is governed by 8 U.S.C. § 1226(a), which requires bond hearings, rather than § 1225(b)(2)(A), which allows mandatory detention for 'arriving aliens.' The judge rejected the government's argument that Ramirez Delgado falls under the mandatory detention provision, writing that the statute 'applies to arriving noncitizens attempting to enter the United States rather than undocumented aliens like Mr. Ramirez Delgado who have lived in the interior of the United States for years.'
The case reflects a circuit split on immigration detention law, with the Fifth and Eighth Circuits recently ruling in favor of the government's broader interpretation of mandatory detention. However, Judge Hanlon relied on the Seventh Circuit's decision in Castañon-Nava v. U.S. Department of Homeland Security, which held that 'seeking admission' cannot be synonymous with 'applicant for admission' without violating statutory interpretation principles.
The ruling gives the government until 5:00 p.m. on April 10, 2026, to either provide Ramirez Delgado with a bond hearing before an immigration judge or release him under supervision. The decision adds to a growing body of district court rulings challenging the Biden administration's expanded use of mandatory detention for long-term U.S. residents facing removal proceedings.