Automated Summary
Key Facts
Petitioner Roman Amador Urbrieta Nieto, a Mexican national who entered the United States over 20 years ago without lawful status, was detained by respondents in September 2025 and placed in removal proceedings. He filed a habeas corpus petition under 28 U.S.C. § 2241 on January 12, 2026, arguing his detention violates the Immigration and Nationality Act (INA) and citing Bautista v. Santacruz. The court determined Petitioner is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) because he is a noncitizen 'already in the country,' not 'seeking admission.' The court granted the petition, ordered his immediate release under a $2,000 bond with conditions set by an immigration judge, and vacated a scheduled hearing.
Issues
The primary issue was whether Roman Amador Urbrieta Nieto, a noncitizen detained for over 20 years in the U.S., was subject to mandatory detention under 8 U.S.C. § 1225(b)(2) or if he qualified for a bond hearing under § 1226(a). The court examined statutory language, longstanding agency practices, and statutory canons to resolve this conflict.
Holdings
- The court found that Petitioner's detention under §1225(b)(2) was unlawful. It ordered immediate release with a $2,000 bond and conditions outlined by the immigration judge, citing the government's failure to contest the bond determination and the availability of appellate review for any objections.
- The court determined that Petitioner is not 'seeking admission' under 8 U.S.C. § 1225(b)(2) because he was arrested in the interior of the United States, not at a port of entry. This conclusion means immigration judges retain authority to grant bond hearings under § 1226(a) for noncitizens in Petitioner's position.
Remedies
- The Clerk of Court is ordered to enter judgment in the Petitioner's favor and close this case.
- The Court vacates the previously scheduled hearing for January 23, 2026, as the petition is granted and the case is resolved.
- The Court GRANTS the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
- Respondents are ordered to file a Notice of Compliance within seven days of releasing the Petitioner.
- The Court orders the immediate release of the Petitioner from custody, subject to a $2,000 bond and the conditions of release outlined by the immigration judge.
Legal Principles
- The Purposive Approach was employed to ensure that the interpretation of § 1225(b)(2) did not negate the distinct framework of § 1226(a). The court highlighted the need to preserve the Laken Riley Act's amendments to § 1226(c) and avoid making those provisions superfluous, aligning with the statutory structure and legislative intent.
- The court emphasized the plain meaning of the term 'seeking admission,' concluding it requires an affirmative act like entering at a port of entry rather than applying to noncitizens already present in the U.S. This literal interpretation supported the conclusion that the petitioner was not 'seeking admission' under § 1225(b)(2).
Precedent Name
- Jennings v. Rodriguez
- N.L.R.B. v. Bell Aerospace Co. Div. of Textron Inc.
- Bautista v. Santacruz
- Maldonado Bautista v. Santacruz
- Quijada Cordoba v. Knight
- Otilio B.F. v. Andrews
- Medina-Ortiz v. Noem
- Edwards' Lessee v. Darby
- NLRB v. Noel Canning
- Landon v. Plasencia
- Ruiz v. Noem
- Lopez v. Warden, Otay Mesa Det. Ctr.
- Loper Bright Enters. v. Raimondo
- Lopez Benitez v. Francis
Cited Statute
- Immigration and Nationality Act
- Habeas Corpus Act
Judge Name
Gonzalo P. Curiel
Passage Text
- In sum, the Court concludes that Petitioner is not 'seeking admission' under § 1225(b)(2) and that an immigration judge retains authority to grant conditions of bail under §1226(a). Accordingly, the Court finds that Petitioner is being unlawfully detained under § 1225(b)(2) and is entitled to a bond hearing.
- Accordingly, the Court finds that immediate release, rather than requiring another bond hearing, is the appropriate remedy.
- Under 28 U.S.C. § 2241, a writ of habeas corpus may be granted to any petitioner who demonstrates that he is 'in custody in violation of the Constitution or laws or treaties of the United States.'