Eastern District of California Orders Immediate Release of Noncitizen Detained Without Bond Hearing

The court granted the habeas corpus petition filed by Adrian Gustavo T.M., who entered the United States in April 2024 and was released on recognizance shortly after his initial encounter with immigration authorities. He lived and worked in New York for nearly two years before being arrested by ICE agents in January 2026 while commuting to work.

Respondent DHS argued that the petitioner was an "applicant for admission" subject to mandatory detention under 8 U.S.C. § 1225(b)(2), which does not provide for bond hearings. The court rejected this argument, noting that the petitioner was arrested on a warrant issued under § 236 of the INA, which is codified by § 1226.

The court held that § 1225(b)(2) applies only to noncitizens "seeking admission" and cannot be applied simultaneously with § 1226. Because the authority for the petitioner’s detention derived from § 1226(a), he was entitled to the procedural protections of that statute, including an initial bond hearing before a neutral decisionmaker.

Regarding the Fifth Amendment claim, the court found the petitioner had a protected liberty interest in his freedom, reinforced by his long-term residence in the U.S., his employment, and his community ties. The court determined he received virtually no procedural safeguards to ensure his detention was reasonably related to government interests.

Applying the Mathews v. Eldridge factors, the court concluded the risk of erroneous deprivation of liberty was considerable and the government’s interest in detaining him without notice or a hearing was low. The court held that the petitioner was entitled to notice and a pre-deprivation hearing, which he never received.

The order requires the California City Correctional Center to immediately release the petitioner under the same conditions he was released prior to his current detention. The court also enjoined the government from re-arresting or re-detaining him absent compliance with constitutional protections, including seven days’ notice and a pre-deprivation hearing before a neutral fact-finder.