R.A.A. v. Warden, STEWART DETENTION CENTER

United States District Court for the Middle District of Georgia

R.A.A. v. Warden, STEWART DETENTION CENTER

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION

R.A.A., : : Petitioner, : : v. : Case No. 4:25-cv-375-CDL-CHW :

28 U.S.C. § 2241

Warden, STEWART DETENTION : CENTER, : : Respondent. : _________________________________

ORDER

Pending before the Court is Petitioner’s application for a writ of habeas corpus. (ECF No. 1). Petitioner is a native and citizen of Mexico who has resided in the United States for approximately twenty years after entering without inspection. (ECF No. 1, p. 2, ¶¶ 1, 6; ECF No. 7-1, ¶ 4). On September 23, 2025, Petitioner was taken into United States Immigration and Customs Enforcement (“ICE”) custody and has been detained since then. (ECF No. 7-1, ¶¶ 6, 14). Petitioner contends that he is entitled to a discretionary bond hearing under

8 U.S.C. § 1226

(a). (ECF No. 1). Respondents argue that Petitioner is not entitled to a bond hearing because he is detained under

8 U.S.C. § 1225

(b)(2), which mandates detention for certain aliens without an opportunity for a bond hearing. (ECF No. 7). As Respondents concede, the issue presented in this action is identical to the issue the Court decided in J.A.M. v. Streeval, No. 4:25-cv-342-CDL,

2025 WL 3050094

(M.D. Ga. Nov. 1, 2025). See (ECF No. 7). Based on the Court’s rationale in J.A.M., the Court finds that Petitioner’s detention is governed by

8 U.S.C. § 1226

(a). The Court thus grants Petitioner’s petition for a writ of habeas corpus to the extent that the Court orders Respondents to provide Petitioner with a bond hearing to determine if Petitioner may be released on bond under § 1226(a)(2) and the applicable regulations. See

8 C.F.R. §§ 236.1

& 1236.1. IT IS SO ORDERED, this 2nd day of December, 2025. s/Clay D. Land CLAY D. LAND U.S. DISTRICT COURT JUDGE MIDDLE DISTRICT OF GEORGIA

Reference

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