R.A.A. v. Warden, STEWART DETENTION CENTER
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. § 2241Warden, 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
- Status
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