District Court Orders Release of Immigration Detainee, Rejecting Mandatory Detention Argument

The court granted Villanueva-Lopez’s petition for a writ of habeas corpus, finding that his confinement violated applicable statutes because the government failed to produce an administrative arrest warrant or demonstrate that statutory conditions for warrantless arrest were met.

Villanueva-Lopez, a citizen of Mexico who entered the United States without inspection, was arrested by ICE agents in Chicago on October 19, 2025, as part of “Operation Midway Blitz.” He was transferred to Indiana to await the conclusion of removal proceedings.

The government argued that his detention was authorized under 8 U.S.C. § 1225(b)(2). The court rejected this argument, following its prior decisions in De Jesús Aguilar v. English and Singh v. English, which concluded that § 1225(b)(2) does not apply to noncitizens who are not “seeking admission.”

Instead, the court applied 8 U.S.C. § 1226(a), which governs the detention of noncitizens already present in the United States. The court noted that this statute is permissive rather than mandatory and allows for release on bond or conditional parole.

The opinion highlighted that no administrative arrest warrant was issued in Villanueva-Lopez’s case. The Warden did not argue that one existed, nor did he produce one, despite the court’s order to provide relevant immigration records.

While warrantless arrests are permitted under specific conditions, such as when an official has reason to believe a noncitizen is likely to escape, the Warden did not argue these preconditions existed. The court declined to construct arguments for the parties.

The court also referenced recent Seventh Circuit precedent in Castañon-Nava v. U.S. Dep’t of Homeland Sec., which suggested the government was not likely to succeed on the merits of applying mandatory detention to interior arrests.

Villanueva-Lopez has pending state charges in Cook County, Illinois, including aggravated assault with a deadly weapon. The release order is conditional, turning him over to state authorities if a detainer exists, or allowing the government to rearrest him if it secures a warrant under § 1226(a).

The order was stayed for 48 hours to allow the government to seek a warrant or verify whether other holds exist. The Warden must certify compliance with the release order by April 22, 2026.