D.E.B.C. v. Warden, STEWART DETENTION CENTER, et al.

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION D.E.B.C., : : Petitioner, : : v. : CASE NO.: 7:25-CV-198 (LAG) : Warden, STEWART DETENTION : CENTER, et al., : : Respondents. : : ORDER Before the Court is Petitioner’s Petition for a Writ of Habeas Corpus (Doc. 1).

Petitioner is a native and citizen of Guatemala who entered the United States on an unknown date without inspection and has resided in the United States since then. (Doc. 1 at ¶ 30; Doc. 1-1). On or about December 8, 2025, Petitioner was taken into United States Immigration and Customs Enforcement (ICE) custody and has been detained since then. (Doc. 1 at ¶ 3). Petitioner contends that he is entitled to a discretionary bond hearing under 8 U.S.C. § 1226(a). 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.

As Respondents concede, though, the issue presented in this action is identical to the issue decided in J.A.M. v. Streeval, No. 4:25-cv-342-CDL, 2025 WL 3050094 (M.D.

Ga. Nov. 1, 2025) and P.R.S. v. Streeval, No. 4:25-CV-330-CDL, 2025 WL 3269947 (M.D.

Ga. Nov. 24, 2025). (Doc. 8 at 2) This Court hereby adopts the court’s rationale in J.A.M. and P.R.S and 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 within SEVEN (7) DAYS of this Order to determine if Petitioner may be released on bond under § 1226(a)(2) and the applicable regulations. See 8 C.F.R. §§ 236.1 & 1236.1.1 SO ORDERED, this 30th day of December, 2025.

/s/ Leslie A. Gardner LESLIE A. GARDNER, CHIEF JUDGE UNITED STATES DISTRICT COURT

1 On December 7, 2025, Petitioner filed an Emergency Motion for Temporary Restraining Order (TRO) (Doc. 7). Because the Court now orders Respondents to provide Petitioner with a bond hearing, Petitioner’s Emergency Motion for TRO (Doc. 7) is DENIED AS MOOT.