Andres Barrera Guaman v. Jessica Sage, Warden of FCI Lewisburg, et al.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA

ANDRES BARRERA GUAMAN, A245 924 649,

Petitioner, CIVIL ACTION NO. 3:26-cv-01129

v. (SAPORITO, J.)

JESSICA SAGE, Warden of FCI Lewisburg, et al.,

Respondents.

MEMORANDUM On April 29, 2026, the petitioner, appearing through counsel, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Doc. 1. In this petition, Andres Barrera Guaman, a native and citizen of Ecuador, challenges the legality of his pre-removal-order immigration detention without an individualized bond hearing. At the time of filing, Guaman was being held in the custody of United States Immigration and Customs Enforcement (“ICE”) at FCI Lewisburg, a federal correctional facility located in Union County, Pennsylvania. I. BACKGROUND AND PROCEDURAL HISTORY Barrera Guaman initially entered the United States without inspection at or near Sasabe, Arizona, on or about March 23, 2024. He was 18 years old at the time. Berrera Guaman was briefly detained at

the border and then released on his own recognizance. At the time of his release from this brief period of detention, Berrera Guaman was served with a Notice to Appear, DHS Form I-862, dated March 24, 2024, which

declared him to be subject to removal as an “alien present in the United States who has not been admitted or paroled,”1 and which directed him to appear for a hearing before an immigration judge in New York, New

York, on September 13, 2024. Resp. Ex. 2, Doc. 7-3. As required by his release conditions, Berrera Guaman has attended all immigration court dates, and until his arrest and detention,

he maintained his residence with his older brother in Westbury, New York. In June 2025, Berrera Guaman’s older brother was appointed as his legal guardian by a state family court. The family court further

determined that it was not in Berrera Guaman’s best interests for him to return to Ecuador, and that he could not be reunified with either of his parents because they had abandoned him there as an infant, leaving him

orphaned and impoverished.

1 Notably, a box on the Notice for declaring him to be an “arriving alien” was checked. Resp. Ex. 2, Doc. 7-3. On July 16, 2025, Berrera Guaman filed a DHS Form I-360 petition

for Amerasian, widow(er), or Special Immigrant, seeking Special Immigrant Juvenile (“SIJ”) classification.2 Berrera Guaman also timely applied for asylum, withholding of removal, and deferral of removal

under the Convention Against Torture. On October 6, 2025, Berrera Guaman was riding an electric bicycle on his way to buy groceries for his family when he was stopped by police

because he was not wearing a helmet. Ultimately, Berrera Guaman was arrested for second-degree assault, attempting to flee a police officer, obstructing governmental administration, and resisting arrest.

Immediately after his arrest, Berrera Guaman was brought to a hospital for treatment of injuries he suffered during the arrest. A mental health expert found that Berrera Guaman’s attempt to escape from police ws

consistent with PTSD and his experiences of being kidnapped and tortured by gangs in Ecuador. Berrera Guaman was released after less than 48 hours in police custody on October 8, 2026. But he had no

opportunity to contest the charges brought against him because ICE

2 SIJ status provides a pathway for certain eligible noncitizens under the age of 21 to obtain lawful permanent residence status. 8 U.S.C. § 1255(h). detained him minutes after he was released from police custody.

Berrera Guaman was initially detained at Moshannon Valley Processing Center, a privately-run ICE detention facility located in Clearfield County, Pennsylvania. On January 30, 2026, he was

transferred to FCI Lewisburg, where he remains in civil immigration detention. He has been denied the opportunity to post bond or to be released on other conditions.

On February 2, 2026, Berrera Guaman’s application for asylum, withholding of removal, or deferral of removal was pretermitted by an immigration judge who ordered his removal to a third country, Honduras.

Berrera Guaman has timely filed an appeal of the immigration judge’s decision to the Board of Immigration Appeals, which remains pending. In March 2026, Berrera Guaman’s petition for SIJ status was

denied by U.S. Citizenship and Immigration Services, another Department of Homeland Security agency. This denial was based solely on his failure to attend a biometrics appointment, which he was unable

to attend due to his detention by ICE. Berrera Guaman has appealed this decision as well, which remains pending. II. DISCUSSION Since the United States began restricting immigration into this country in the late 19th century, it has distinguished between those noncitizens seeking entry into the country and those already residing within it. Noncitizens “stopped at the boundary line” who have “gained no foothold in the United States” do not enjoy the same constitutional protections afforded to persons inside the United States. But once a noncitizen enters the United States, “the legal circumstance changes,” for the constitutional right to due process applies to all “persons” within our nation’s borders, “whether their presence here is lawful, unlawful, temporary, or permanent.” This distinction between noncitizens who have entered and reside in the United States and those who have not yet entered “runs throughout immigration law.” , 809 F. Supp. 3d 1113 (D. Idaho 2025) (first quoting , 267 U.S. 228, 230 (1925); and then quoting , 533 U.S. 678, 693 (2001)) (citations omitted). Consistent with this distinction, “[t]wo statutory sections govern the detention of noncitizens prior to a final order of removal: 8 U.S.C. § 1225 and 1226.” , 801 F. Supp. 3d 1104, 1111 (E.D. Cal. Sept. 23, 2025), , No. 25-7429 (9th Cir. Nov. 25, 2025). As concisely summarized by the Supreme Court: “U.S. immigration law authorizes the Government to detain certain aliens into the country under §§ 1225(b)(1) and (b)(2). It also authorizes the Government to detain certain aliens pending the

outcome of removal proceedings under §§ 1226(a) and (c).” , 583 U.S. 281, 289 (2018) (emphasis added). Under § 1225, “an alien who ‘arrives in the United States,’ or ‘is

present’ in this country but ‘has not been admitted,’ is treated as an ‘applicant for admission.’” , 583 U.S. at 287 (quoting 8 U.S.C. § 1225(a)(1)). Applicants for admission may be detained pending removal

under two separate provisions: § 1225(b)(1) and § 1225(b)(2). Section 1225(b)(1) applies to aliens who ( ) are arriving in the United States, § 1225(b)(1)(A)(i) (the “arriving aliens provision”), or

have been physically present in the United States for less than two years without being admitted or paroled, § 1225(b)(1)(A)(iii) (the “designation provision”),3 ( ) are inadmissible either for

3 This so-called “designation provision” further limits this group of aliens subject to expedited removal proceedings to certain categories of aliens expressly designated by the Secretary of Homeland Security, § 1225(b)(1)(a)(ii), but the current scope of that designation is “the full scope of statutory authority,” and thus all aliens who have not been admitted or paroled into the United States and who have not been physically present in the United States continuously for the two-year period prior to determination of inadmissibility are subject to expedited removal under § 1225(b)(1). , 90 Fed. Reg. 8139 (Jan. 24, 2025); misrepresenting a material fact while attempting to gain admission to

the United States or for lacking proper immigration documentation. 8 U.S.C. § 1225(b)(1)(A); § 1182(a)(6)(C) (inadmissibility based on misrepresentation); § 1182(a)(7) (inadmissibility for lack of

documentation). For these aliens, § 1225(b)(1) provides for expedited removal proceedings without further hearing or review, unless the alien expresses a fear of persecution or an intent to apply for asylum, in which

case the alien is subject to mandatory detention pending a final determination of credible fear of persecution and, if found not to have such a fear, until removal. § 1225(b)(1)(B).

, 962 F.3d 612, 618–20 (D.C. Cir. 2020) (summarizing expedited removal provisions); , 811 F. Supp. 3d 274, 291–92 (E.D.N.Y. 2025) (same);

, 805 F. Supp. 3d 48, 59–64 (D.D.C. 2025) (same), , No. 25-5289 (D.C. Cir. Aug. 11, 2025). Section 1225(b)(2) is a “broader . . . catchall provision” that applies

, 962 F.3d 612, 619–20 (D.C. Cir. 2020) (providing a historic overview of groups designated under § 1225(b)(1)(a)(ii)); , 805 F. Supp. 3d 48, 62–64 (D.D.C. 2025) (same), , No. 25-5289 (D.C. Cir. Aug. 11, 2025). to other “applicants for admission” who are “seeking admission” to the

United States.4 8 U.S.C. § 1225(b)(2)(A); , 583 U.S. at 287. Under § 1225(b)(2), an applicant for admission is placed into ordinary (not expedited) removal proceedings. § 1225(b)(2)(A);

§ 1229a (describing ordinary removal proceedings before an immigration judge). With limited exceptions, however, an alien is subject to mandatory detention under § 1225(b)(2) while removal proceedings remain pending.

§ 1225(b)(2)(A); § 1182(d)(5) (authorizing the Secretary of Homeland Security to grant humanitarian parole to aliens awaiting removal proceedings); § 1225(b)(2)(C) (providing that aliens arriving on

land from a foreign territory contiguous to the United States may be returned to that foreign territory pending removal proceedings, rather than be detained); , 809 F. Supp. 3d at 1113 (“Section

1225(b) mandates detention without bond hearings, except for narrow humanitarian parole.”). Meanwhile, as noted above, § 1226 “authorizes the Government to

detain certain aliens already in the country pending the outcome of

4 The statute expressly provides that § 1225(b)(2) does not apply to those to whom § 1225(b)(1) applies, as well as other categories not relevant here. 8 U.S.C. § 1225(b)(2)(B). removal proceedings.” , 583 U.S. at 289. Such aliens who are

already present in the United States may be detained pending removal under two separate provisions: § 1226(a) and § 1226(c). Section 1226(a) prescribes a discretionary detention framework for

these aliens when subject to removal proceedings, providing that: “On a warrant issued by the Attorney General,[5] an alien may be arrested and detained pending a decision on whether the alien is to be removed from

the United States.” 8 U.S.C. § 1226(a). The statute further provides that such an alien may be released on bond while removal proceedings remain pending. § 1226(a)(2). The relevant implementing regulations provide

that a § 1226(a) detainee may be released on bond upon showing “that such release would not pose a danger to property or persons, and that the alien is likely to appear for any future proceeding.” 8 C.F.R. §§ 236.1(c)(8),

1236.1(c)(8). Immigration authorities6 are tasked with an initial bond or custody determination, §§ 236.1(c)(8), 1236.1(c)(8), after which the

5 This statutory authority to issue immigration arrest warrants has been delegated to a number of supervisory immigration officials listed in the applicable regulations. 8 C.F.R. § 287.5(e)(2); §§ 236.1(b), 1236.1(b). 6 The same supervisory immigration officials authorized to issue arrest warrants. 8 C.F.R. §§ 236.1(c)(8), 1236.1(c)(8). alien may request an individualized bond hearing before an immigration

judge, §§ 236.1(d)(1), 1236.1(d)(1); § 1003.19 (setting out procedures for the review of bond determinations by immigration judges). , 586 U.S. 392, 397 (2019) (“If the alien is

detained, he may seek review of his detention by an officer at the Department of Homeland Security and then by an immigration judge (both exercising power delegated by the Secretary); and the alien may

secure his release if he can convince the officer or immigration judge that he poses no flight risk and no danger to the community.”) (citations omitted). An adverse bond determination by the immigration judge can

be appealed to the Board of Immigration Appeals. 8 U.S.C. §§ 236.1(d)(3), 1236.1(d)(3). , 906 F.3d 274, 275 (3d Cir. 2018) (summarizing § 1226(a)

bond procedures). Finally, “Section 1226(c) . . . carves out a statutory category of aliens who may be released under § 1226(a).” , 583 U.S. at

289. This subsection specifies certain criminal histories that require mandatory detention of aliens who would otherwise be eligible for a bond hearing under § 1226(a). 8 U.S.C. § 1226(c). Such criminal aliens may only be released under very narrow circumstances involving a

determination by the Attorney General that the alien’s release is necessary for witness-protection purposes and the alien does not pose a flight risk or a danger to the community. § 1226(c)(4);

, 583 U.S. at 289. The petitioner in this case, Andres Barrera Guaman, has been detained by immigration authorities without a bond determination

pending disposition of his ordinary, § 1229a removal proceedings.7 In his petition, Berrera Guaman argues that, because he was detained within the interior of the United States, he is not properly subject to mandatory

pre-removal-order detention under § 1225(b)(2). Rather, he contends that he may only be properly detained under § 1226(a), which requires that he be given an opportunity for an individualized bond hearing. In

addition to this statutory argument, Berrera Guaman argues that his

7 The parties appear to agree that the petitioner has been putatively detained without an opportunity for a bond determination pursuant to § 1225(b)(2). The respondent has identified no other basis for his detention. Moreover, the petitioner has not been placed in expedited removal proceedings, as would be expected for a § 1225(b)(1) detainee, he has no criminal record to qualify him for mandatory detention under § 1226(c), and immigration officials have refused to give him a bond hearing, as required under § 1226(a). pre-removal detention without an opportunity to be considered for

release on bond violates his Fifth Amendment due process rights.8 The respondent, on the other hand, argues that § 1225(b)(2) does properly apply to the petitioner, and that it prescribes mandatory

detention. The respondent further argues that applying § 1225(b)(2) here comports with due process.9 The respondent purports to have detained Berrera Guaman

pursuant to 8 U.S.C. § 1225(b)(2), which provides for mandatory detention without the opportunity for release on bond. The petitioner, however, contends that he could only be properly detained under 8 U.S.C.

§ 1226(a), and under that statute, he is entitled to an individualized bond hearing. “[F]or section 1225(b)(2)(A) to apply, several conditions must be

met—in particular, an ‘examining immigration officer’ must determine that the individual is: (1) an ‘applicant for admission’; (2) ‘seeking

8 Having found a statutory basis for relief, we do not reach the constitutional issues raised by the petitioner as alternative grounds for relief. , 485 U.S. 439, 445 (1988) (“A fundamental and longstanding principle of judicial restraint requires that courts avoid reaching constitutional questions in advance of the necessity of defending them.”). 9 note 8. admission’; and (3) ‘not clearly and beyond a doubt entitled to be

admitted.’” , 792 F. Supp. 3d 211, 214 (D. Mass. 2025) (quoting 8 U.S.C. § 1225(b)(2)(A)), , No. 25-1902 (1st Cir. Dec. 23, 2025); , 2025 WL 3188399, at *6 (citing

); , No. 3:25-CV-02411, 2025 WL 3709045, at *4 (M.D. Pa. Dec. 22, 2025) (citing and ); , No. 4:26-CV-00009, 2026 WL 296215, at *4

(M.D. Pa. Feb. 4, 2026) (citing ). Significantly, “Section 1225(b)(2)(A) applies only to an alien who is an applicant for admission and ‘seeking admission.’” , 2025 WL 3188399, at *6

(emphasis in original); , 2025 WL 3709045, at *4 (citing and , 807 F. Supp. 3d 397, 406 (D.N.J. 2025)); , 2026 WL 296215, at *4 (quoting

). Section 1225 defines an “applicant for admission” as “[a]n alien present in the United States who has not been admitted or who arrives

in the United States.” 8 U.S.C. § 1225(a)(1). Meanwhile, the phrase “seeking admission” is not defined in § 1225, and the courts of this circuit have construed the plain language of “seeking admission” to describe “active and ongoing conduct—physically attempting to come into the

United States, typically at a border or a port of entry.” , 2025 WL 3188399, at *6; , 2025 WL 3709045, at *4 (citing ); , 2026 WL 296215, at *4 (citing

). “This reading preserves the distinction between ‘seeking admission’ and the separate term ‘applicant for admission,’ ensuring that each phrase carries independent meaning.” ,

2025 WL 3188399, at *6; , 2025 WL 3709045, at *4 (quoting ); , 2026 WL 296215, at *4 (quoting ). It also comports with the Supreme Court’s

finding in that “§ 1225(b) applies primarily to aliens seeking entry into the United States.” , 583 U.S. at 297; , 2025 WL 3709045, at *4 (quoting ); ,

2026 WL 296215, at *4 (quoting and ). “In sum, a plain reading of § 1225(b) demonstrates that it applies to individuals who are attempting to enter the United States, not those

already within the country.” , 2026 WL 296215, at *4; , 2025 WL 3188399, at *7 (considering the statutory context of § 1225(b)(2) and concluding that this provision “contemplates inspection and detention at or immediately following border crossing”).

By contrast, as the Supreme Court has previously recognized, “§ 1226 applies to aliens already present in the United States.” , 583 U.S. at 303; , 2026 WL 296215, at *4 (quoting

). “Section 1226(a) creates a default rule for those aliens by permitting—but not requiring—the Attorney General to issue warrants for their arrest and detention pending removal proceedings,” and it

“permits the Attorney General to release those aliens on bond.” , 583 U.S. at 303; , 2026 WL 296215, at *4 (quoting ); , 2025 WL 3709045, at *5 (“Unlike

§ 1225(b)(2)(A), § 1226(a) provides for bond or conditional parole.”) (citing 8 U.S.C. § 1226(a)(2)). “[U]nder Section 1226(a) and its implementing regulations, [an alien discretionarily detained pending removal

proceedings] is entitled to a bond hearing before an Immigration Judge at which the government must prove by clear and convincing evidence that he poses a danger to the community[] or . . . that he is a flight risk,

if it seeks to continue detaining him.” , 804 F. Supp. 3d 265, 277 (D. Mass. 2025);10 , 812 F. Supp. 3d 459, 462–

63 (D.N.J. 2025) (“Noncitizens who are arrested after having lived in the United States for a while do not generally have to be detained. They are instead entitled to a bond hearing before an immigration court.” (citing

) (citations and footnote omitted)). , 2026 WL 296215, at *4 (“[I]f an individual is detained attempting to enter the country illegally or while otherwise presenting themselves for

inspection and entry, they are subject to mandatory detention pursuant to § 1225. If they are arrested after having already entered the country, they are subject to detention under § 1226 and are entitled to a bond

10 We note that, applying First Circuit precedent, the court stated that the government may prove that an alien is a danger to the community by clear and convincing evidence, or that he is a flight risk by the lesser preponderance-of-the-evidence standard. , 804 F. Supp. 3d at 277 (citing , 10 F.4th 19, 41 (1st Cir. 2021)). The Third Circuit, however, has held that the government must prove either dangerousness flight risk by clear and convincing evidence. , 965 F.3d 203, 213–14 (3d Cir. 2020) (“When the Government seeks to take more than just money from a party, we typically hold the Government to a standard of proof higher than a preponderance of the evidence.”); , 12 F.4th 321, 333 n.9 (3d Cir. 2021) (“[I]t is a ‘settled rule that when a party stands to lose his liberty, even temporarily, we hold the Government’ to a ‘clear and convincing evidence’ standard in the context of civil detention . . . .”) (quoting ); , 547 F. Supp. 3d 462, 465 (M.D. Pa. 2021) (quoting ). hearing.”).

Here, § 1226(a), not § 1225(b)(2)(A), applies to the detention of Berrera Guaman. We find that Berrera Guaman is no longer seeking admission into the United States—at the time of his arrest and detention,

he was not actively attempting to come into the United States at a border or port of entry. Rather, he is already here, having resided within the United States for an extended period of time. , 2025 WL

3188399, at *1 (finding that petitioner who lived in the United States for almost two years was not “seeking admission” but “already here”); , 2025 WL 3709045, at *5 (citing ). Thus,

Berrera Guaman may only be properly detained pursuant to § 1226(a), and therefore he is entitled to a bond hearing. , 2026 WL 296215, at *5. , No. 3:25-cv-2185, 2025

WL 3516865, at *4 (M.D. Pa. Dec. 8, 2025) (“The overwhelming majority of federal district courts that have addressed this issue have interpreted the INA to find that persons similarly situated to Petitioner—noncitizens

who previously entered the United States and are currently residing in the United States—are not subject to the mandatory detention provision of 8 U.S.C. § 1225(b)(2)(A) but instead are subject to the discretionary detention pursuant to 8 U.S.C. § 1226(a) and accordingly are entitled to

a bond hearing.”); at *4 & n.7 (collecting Third Circuit district court cases).11 III. CONCLUSION For the foregoing reasons, the court concludes that the petitioner is

currently detained pursuant to 8 U.S.C. § 1226(a), not 8 U.S.C. § 1225(b)(2), and thus he is entitled to an individualized bond hearing.

11 , ___ F.4th ____, 2026 WL 1146044, at *5, 6 (2d Cir. Apr. 28, 2026) (“Section 1226(a) plainly applies to noncitizens, like Petitioner, who are present in the United States, but charged as inadmissible for entering the country without inspection and admission. . . . Section 1225(b)(2)(A) applies to those noncitizens who present themselves at a port of entry for admission, or who cross the physical border into the United States but are apprehended at the ‘threshold of initial entry.’”); , ___ F.4th ____, 2026 WL 1223250, at *21 (7th Cir. May 5, 2026) (“[T]he text, statutory context, legislative history, and long-standing Executive practice all confirm that § 1225(b)(2)(A) applies to ‘applicants for admission’ who are seeking lawful entry at the border or ports of entry and not to noncitizens unlawfully living in the country’s interior.”); , ___ F.4th ____, 2026 WL 1243395, at *1 (11th Cir. May, 6, 2026) (“The text and statutory structure of the INA, bolstered by the long history of detention across our immigration laws and the congressional purpose in passing IIRIRA, yield the conclusion that no-bond detention generally applies to arriving aliens seeking lawful entry to the country, and not to aliens who are simply present here.”); , ___ F.4th ____, at *11, 2026 WL 1283891 (6th Cir. May 11, 2026) (holding that noncitizens without lawful status who had lived in the United States for years were not “seeking admission” and thus were not subject to § 1225(b)(2)(A)’s mandatory detention scheme). Accordingly, the petition will be granted, and the government will be

ordered to provide the petitioner with an individualized bond hearing within twenty-one days or to release him from custody. An appropriate order follows.

Dated: May 26, 2026 JOSEPH F. SAPORITO, JR. United States District Judge