Unreported / Non-Citable
Background
Jesus Aleman Gomez, a Mexican citizen who entered the United States without inspection in 1996, was taken into Immigration and Customs Enforcement custody on November 5, 2025. Two days later, he received a Notice to Appear charging him as inadmissible for being present in the United States without admission or parole.
On April 22, 2026, an immigration judge granted Gomez’s application for cancellation of removal. The respondents appealed that ruling to the Board of Immigration Appeals on April 30, and Gomez remained detained while the appeal was pending. He sought habeas, declaratory, and injunctive relief under 28 U.S.C. § 2241, arguing that his continued detention without a bond hearing violated the Immigration and Nationality Act and due process.
The Court’s Holding
The district court granted Gomez’s habeas petition. Based on the immigration judge’s decision granting cancellation of removal, the court found it unlikely that Gomez would be removed and noted that he remained detained because the respondents had appealed that decision.
Under the circumstances, the court concluded that Gomez should receive a bond hearing. It ordered the respondents either to release him or provide a bond hearing by September 29, 2026, and to file a status report by October 6, 2026.
Key Takeaways
- A successful cancellation-of-removal ruling, although under appeal, weighed against continued detention without a bond hearing.
- The court granted relief tailored to the detention issue rather than directing the outcome of the respondents’ pending administrative appeal.
- The respondents were given a firm deadline to release Gomez or provide a bond hearing, followed by a status-report deadline.
Why It Matters
The decision shows that a district court may grant habeas relief when an immigration detainee remains in custody without a bond hearing after prevailing before an immigration judge, even while the government pursues an appeal.
The order also illustrates a practical remedy available in immigration-detention litigation: requiring either release or a prompt bond hearing without resolving the underlying removal proceedings.