Unreported / Non-Citable
Background
Brian Martinez Donjuan, a Mexican citizen, entered the United States in 2000 at age three and later received Deferred Action for Childhood Arrivals. Immigration authorities took him into custody on August 25, 2026.
On September 22, 2026, the government issued a Notice to Appear classifying Martinez Donjuan as an admitted alien and charging him as removable for remaining in the United States longer than permitted. He remained detained without a bond hearing and petitioned for habeas relief, arguing that detention without such a hearing violated due process.
The Court’s Holding
The court held that Martinez Donjuan was not subject to mandatory detention under 8 U.S.C. § 1225(b)(2). Because he was admitted to the United States and later became removable for overstaying, his detention was governed by 8 U.S.C. § 1226(a), under which federal regulations provide for a bond hearing at the outset of detention.
The court granted the habeas petition in part and ordered the respondent either to release Martinez Donjuan or provide him with a bond hearing by November 6, 2026. It also ordered the respondent to file a status report by November 13, 2026.
Key Takeaways
- An admitted noncitizen who later becomes removable for overstaying is detained under § 1226(a), not the mandatory-detention provision in § 1225(b)(2).
- Noncitizens detained under § 1226(a) are entitled under federal regulations to a bond hearing at the outset of detention.
- The remedy required the government either to release Martinez Donjuan or provide a bond hearing by a court-imposed deadline.
Why It Matters
The decision applies the Fifth Circuit’s distinction between applicants for admission subject to § 1225(b)(2) and admitted noncitizens whose later removability places them under § 1226(a). For immigration practitioners, the classification determines whether a detained client is entitled to seek release through an initial bond hearing.