UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ______
BERNIS SANTIAGO RIVERA-CRUZ,
Petitioner, Case No. 1:25-cv-1250
v. Honorable Robert J. Jonker
KEVIN RAYCRAFT et al.,
Respondents. ____________________________/
OPINION Petitioner initiated this action on October 16, 2025, by filing a counseled petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Pet., ECF No. 1.) Petitioner is a United States Immigration and Customs Enforcement (ICE) detainee currently detained at the North Lake Processing Center located in Baldwin, Lake County, Michigan. Petitioner challenges the lawfulness of his current detention and asks the Court for the following relief: to issue a writ of habeas corpus requiring Respondents to release Petitioner or provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 14 days and award Petitioner reasonable attorneys’ fees and costs. (Petition, ECF No. 1, PageID.12.) In an order entered on October 29, 2025, the Court ordered service on Respondents and directed Respondents to show cause, within 21 days, why the writ of habeas corpus and other relief requested by Petitioner should not be granted. (Order, ECF No. 4.) Respondents did not file an appearance or timely response to Petitioners § 2241 petition.1 The petition is therefore ripe for review. For the following reasons, the Court will conditionally grant Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Discussion
I. Factual Background Petitioner is a citizen of Honduras. (Pet., ECF No. 1, PageID.4.) He entered the United States in 2021 and lives in Waukegan, Illinois, with his wife and two children, the youngest of whom is a United States citizen. (Id., PageID.9.) Petitioner claimed asylum when he entered the United States. (Id.) However, on August 25, 2025, an immigration judge ordered Petitioner’s removal. (Automated Case Information Printout, ECF No. 1, PageID.16–17.) On September 25, 2025, Petitioner appealed the decision of the immigration judge to the Board of Immigration Appeals (BIA). (Id., PageID.17.) Petitioner’s appeal remains pending. Automated Case Information, https://acis.eoir.justice.gov (enter “A-Number” 216-681-372; enter “Nationality” Honduras; select “submit”) (last accessed Dec. 1, 2025). On October 11, 2025, Petitioner was working when he was detained by ICE. (Pet., ECF
No. 1, PageID.9.) Petitioner was charged with “having entered the United States without inspection” in violation of 8 U.S.C. § 1182(a)(6)(A)(i). (Id., PageID.2.) Petitioner was denied the opportunity to seek release on bond consistent with the new policy adopted by the United States
1 In the October 19, 2025, order to show cause, the Court authorized Petitioner to “file a written reply not later than 10 days after Respondents filed their response.” (ECF No. 4, PageID.27.) Respondents never filed a Response. Nonetheless, on December 1, 2025, Petitioner filed a document titled “Petitioner’s reply in support of their petition for habeas corpus.” (ECF No. 7.) Because Petitioner’s reply was not authorized by the Court’s show cause order, the Court will not consider Petitioner’s recent filing. Department of Homeland Security on July 8, 2025, instructing ICE to treat all noncitizens charged with inadmissibility under 8 U.S.C. § 1182(a)(6)(A)(i) as detained pursuant to 8 U.S.C. § 1225 and, therefore, subject to mandatory detention. (Id.) II. Habeas Corpus Legal Standard The Constitution guarantees that the writ of habeas corpus is “available to every individual
detained within the United States.” Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004) (citing U.S. Const., Art I, § 9, cl. 2). Section 2241 of Title 28 confers the federal courts with the power to issue writs of habeas corpus to persons “in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241. This includes challenges by non-citizens in immigration- related matters. See Zadvydas v. Davis, 533 U.S. 678, 687 (2001); see also A. A. R. P. v. Trump, 145 S. Ct. 1364, 1367 (2025). III. Discussion A. Statutory Basis for Petitioner’s Detention Petitioner contends that Respondents have violated the INA by concluding that Petitioner is detained pursuant to the mandatory detention provisions set forth in 8 U.S.C. § 1225(b)(2), rather than under § 1226(a). (See Pet., ECF No. 1, PageID.11.) Section 1225(b)(2)(A) provides that “in
the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 1229a of this title.” 8 U.S.C. § 1225(b)(2)(A). And, § 1226(a) states: On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States. Except as provided in subsection (c)[2] and pending such decision, the Attorney General— (1) may continue to detain the arrested alien; and (2) may release the alien on— (A) bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General; or (B) conditional parole . . . .
Id. § 1226(a). The plain language of these provisions indicates that both § 1225 and § 1226 govern the detention of noncitizens pending removal proceedings. The difference is that § 1225 provides for mandatory detention and § 1226 allows for the release of the noncitizen on conditional parole or bond. As explained below, the Court concludes that § 1226(a), not § 1225(b)(2)(A), governs Petitioner’s detention. “A statute should be construed so that effect is given to all its provisions.” Hibbs v. Winn, 542 U.S. 88, 101 (2004) (citation omitted); see Corley v. United States, 556 U.S. 303, 314 (2009); see also Kentucky v. Biden, 23 F.4th 585, 603 (6th Cir. 2022) (noting that courts “must give effect to the clear meaning of statutes as written” (citation omitted)). “When interpreting a statute, the inquiry ‘begins with the statutory text, and ends there as well if the text is unambiguous.’” See In re Vill. Apothecary, Inc., 45 F.4th 940, 947 (6th Cir. 2022) (citation omitted). But, “the ‘meaning— or ambiguity—of certain words or phrases may only become evident when placed in context.’” King v. Burwell, 576 U.S. 473, 486 (2015) (citation omitted). And, “the words of a statute must be read in their context and with a view to their place in the overall statutory scheme.” Roberts v. Sea-
2 Subsection (c) refers to the “[d]etention of criminal aliens,” which does not apply here. See 8 U.S.C. § 1226(c). Petitioner represents that he has “no criminal history.” (Pet., ECF No. 1, PageID.10.) The Court has not been presented with any information to suggest that Petitioner has been convicted of any crime listed under 8 U.S.C. § 1227(a)(2)(A). Land Servs., Inc., 566 U.S. 93, 101 (2012) (citation omitted). The Court must also “use every tool at [its] disposal to determine the best reading of the statute.” Loper Bright Enters. v. Raimondo, 144 S. Ct. 2244, 2266 (2024). As set forth above, § 1225(b)(2)(A) provides for the detention “of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking
admission is not clearly and beyond a doubt entitled to be admitted.” 8 U.S.C. § 1225(b)(2)(A) (emphasis added). The INA 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” See id. § 1225(a)(1). The INA further defines “admission” and “admitted” as “the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.” See id. § 1101(a)(13). The word “entry,” is not defined in the INA, see generally id. § 1101, but the dictionary definition of “entry” is “the right or privilege of entering” or “the act of entering.” Merriam-Webster Dictionary, https://www.merriam-webster.com/dictionary/entry (last visited Nov. 25, 2025). “Entry” has long been understood to mean “a crossing into the territorial limits of the United
States.” Hing Sum v. Holder, 602 F.3d 1092, 1100–01 (9th Cir. 2010) (quoting Matter of Pierre, 14 I&N Dec. 467, 468 (BIA 1973)). Further, the phrase “seeking admission” is also undefined in the statute. The dictionary definition of “seeking” is “ask[ing] for,” Merriam-Webster Dictionary, https://www.merriam-webster.com/dictionary/seeking (last visited Nov. 25, 2025), and the word “seeking” “necessarily implies some sort of present-tense action.” Martinez v. Hyde, 792 F. Supp. 3d 211, 218 (D. Mass. July 24, 2025) (citations omitted). Here, Petitioner is not actively seeking to lawfully cross into the territorial limits of the United States because he already entered the United States in 2021. (See Pet., ECF No. 1, PageID.9.) As the United States District Court for the Southern District of New York explained when addressing this issue: [S]omeone who enters a movie theater without purchasing a ticket and then proceeds to sit through the first few minutes of a film would not ordinarily then be described as “seeking admission” to the theater. Rather, that person would be described as already present there. Even if that person, after being detected, offered to pay for a ticket, one would not ordinarily describe them as “seeking admission” (or “seeking” “lawful entry”) at that point—one would say that they had entered unlawfully but now seek a lawful means of remaining there. As § 1225(b)(2)(A) applies only to those noncitizens who are actively “seeking admission” to the United States, it cannot, according to its ordinary meaning, apply to [the petitioner], because he has already been residing in the United States for several years. Lopez Benitez v. Francis, No. 25 Civ. 5937 (DEH), 2025 WL 2371588, at *7 (S.D.N.Y. Aug. 13, 2025); see Lopez-Campos v. Raycraft, No. 2:25-cv-12486, 2025 WL 2496379, at *6 (E.D. Mich. Aug. 29, 2025) (“[S]eeking admission’ . . . implies action – something that is currently occurring, and in this instance, would most logically occur at the border upon inspection.”). In comparison to § 1225, “[s]ection 1226(a) is less specific.” Pizarro Reyes v. Raycraft, No. 25-cv-12546, 2025 WL 2609425, at *4 (E.D. Mich. Sep. 9, 2025). Section 1226 provides that “[o]n a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States.” See 8 U.S.C. § 1226(a).3
3 The Court would be remiss not to address Petitioner’s order of removal, entered on August 26, 2025. (Automated Case Information Printout, ECF No. 1, PageID.16–17.) This order does not impact the Court’s analysis because it is not “administratively final” for purposes of the INA. 8 U.S.C. § 1231, titled “detention and removal of aliens ordered removed,” provides in relevant part that, “[d]uring the removal period, the Attorney General shall detain the alien.” 8 U.S.C. § 1231(a)(2)(A). However, as relevant to this case, the removal period does not begin to run until “[t]he date the order of removal becomes administratively final.” 8 U.S.C.A. § 1231(a)(1)(B). For the purposes of § 1231(a)(1)(B)(i), a removal order “shall become final upon the earlier of (i) a determination by the Board of Immigration Appeals affirming such an order; or (ii) the expiration of the period in which the alien is permitted to seek review of such order by the Board of Immigration Appeals.” 8 U.S.C. § 1101(a)(47)(B). See Jusufi v. Chertoff, No. 07-15450, 2007 WL 4591760, at *4 (E.D. Mich. Dec. 28, 2007) (finding that a final removal order becomes administratively final when the BIA denies an appeal of it) (citing 8 U.S.C. § 1231(a)(1)(B)(i))). Looking at both § 1225 and § 1226, even if the statutory text appears unambiguous when viewed in isolation, “courts are to interpret the words of a statute in context.” Hibbs, 542 U.S. at 101 (citation omitted); see Yates v. United States, 574 U.S. 528, 537 (2015) (“The plainness or ambiguity of statutory language is determined [not only] by reference to the language itself, [but as well by] the specific context in which that language is used, and the broader context of the
statute as a whole.” (alterations in original) (citations omitted)). Section 1225 is titled: “Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing.” 8 U.S.C. § 1225. A title such as this “is especially valuable [where] it reinforces what the text’s nouns and verbs independently suggest.” Yates, 574 U.S. at 552 (Alito, J., concurring). Additionally, Congress’s decision to include the word “arriving,” as well as the decision to include references to methods of physical arrival, such as “stowaways” and “crewmen,” in § 1225 evidences an intent to address noncitizens arriving “at a border or port of entry.” Pizarro Reyes, 2025 WL 2609425, at *5; 8 U.S.C. § 1225(a)(2)(3). In contrast, § 1226 is titled: “Apprehension and detention of aliens.” 8 U.S.C. § 1226. “That Congress
separated removal of arriving aliens[, as set forth in § 1225,] from its more general section for ‘Apprehension and detention of aliens,’ [as set forth in] § 1226, implies that Congress enacted § 1225 for a specific, limited purpose.” Pizarro Reyes, 2025 WL 2609425, at *5 (citing Dubin v. United States, 143 S. Ct. 1557, 1567–68 (2023)).
Here, Petitioner’s order of removal is not “administratively final.” Petitioner appealed his order of removal to the BIA on September 22, 2025, and his appeal remains pending. Automated Case Information, https://acis.eoir.justice.gov (enter “A-Number” 216-681-372; enter “Nationality” Honduras; select “submit”) (last accessed Dec. 1, 2025). Therefore, § 1231 does not apply. See Zadvydas v. Davis, 533 U.S. 678, 688 (2001) (recognizing that § 1226 is “applicable to certain detention-related decisions in period preceding entry of final removal order”) (emphasis in original) (citation omitted)); Johnson v. Guzman Chavez, 594 U.S. 523, 533 (2021) (“The parties agree that § 1226 governs the detention of aliens until § 1231’s “removal period” begins.”). Further, in Jennings v. Rodriguez, 583 U.S. 281 (2018), the United States Supreme Court explained that § 1225 is part of the “process of decision [that] generally begins at the Nation’s borders and ports of entry, where the Government must determine whether an alien seeking to enter the country is admissible.” Jennings, 583 U.S. at 287. The United States Supreme Court stated that, in contrast, “[s]ection 1226 generally governs the process of arresting and detaining
. . . aliens [already living within the United States] pending their removal.” Id. at 288. Thus, in Jennings, the United States Supreme Court differentiated between noncitizens initially arriving to the United States who are governed by § 1225, and noncitizens already present in the country who are governed by § 1226. See id. at 288–89. The broader language of the statute, as recently amended, further supports the Court’s conclusion. Recently, Congress passed the Laken Riley Act, which amended § 1226 to prescribe a subset of noncitizens who are exempt from the discretionary bond analysis. Specifically, the Act added a subsection that explicitly mandates detention for those noncitizens who are inadmissible under §§ 1182(a)(6)(A), 1182(a)(6)(C), and 1182(a)(7), and who have been arrested for, charged
with, or convicted of certain crimes. See 8 U.S.C. § 1226(c)(1)(E). If the Court accepted that § 1225, rather than § 1226, applied to noncitizens in Petitioner’s position, then § 1226(c)(1)(E) would be rendered entirely superfluous. See Hibbs, 542 U.S. at 101 (“[W]e follow the cardinal rule that statutory language must be read in context [since] a phrase gathers meaning from the words around it. . . . [And,] [t]he rule against superfluities complements the principle that courts are to interpret the words of a statute in context.” (internal quotation marks omitted) (citation omitted)). Accordingly, for the above-discussed reasons, the Court concludes that § 1226(a), not § 1225(b)(2)(A), governs noncitizens, such as Petitioner, who have resided in the United States and were already within the United States when apprehended and arrested.4 B. Fifth Amendment Due Process Considerations Petitioner also argues that his detention violates the Fifth Amendment’s Due Process
Clause. (See Pet., ECF No. 1, PageID.11.) Petitioner contends that “[t]he government’s detention of Petitioner without a bond redetermination hearing to determine whether he is a flight risk or danger to others violates his right to due process.” (Id., PageID.12.) “Freedom from imprisonment—from government custody, detention, or other forms of physical restraint—lies at the heart of the very liberty that [the Due Process Clause] protects.” Zadvydas v. Davis, 533 U.S. 678, 690 (2001) (citation omitted). The Fifth Amendment’s Due Process Clause extends to all persons, regardless of status. See A. A. R. P. v. Trump, 145 S. Ct. 1364, 1367 (2025). Thus, noncitizens, such as Petitioner, are entitled to its protections. See id.; see also Chavez-Acosta v. Garland, No. 22-3045, 2023 WL 246837, at *3 (6th Cir. Jan. 18. 2023). Section 1226(a) clearly sets forth a discretionary framework for detention or release of an
alien subject to that provision. The statute allows the Attorney General to continue to detain the
4 The Court has recently reached the same conclusion in a number of other habeas corpus actions filed by immigration detainees. See, e.g., Salgado Mendoza v. Noem, No. 1:25-cv-1252, 2025 WL 3077589, at *6 (W.D. Mich. Nov. 4, 2025); Ruiz Mejia v. Noem, No. 1:25-cv-1227, 2025 WL 3041827, at *5–6 (W.D. Mich. Oct. 31, 2025); De Jesus Ramirez v. Noem, No. 1:25-cv-1261, 2025 WL 3039266, at *5 (W.D. Mich. Oct. 31, 2025); Escobar-Ruiz v. Raycraft, No. 1:25-cv-1232, 2025 WL 3039255, at *5 (W.D. Mich. Oct. 31, 2025); Marin Garcia v. Noem, No. 1:25-cv-1271, 2025 WL 3017200, at *5 (W.D. Mich. Oct. 29, 2025); Cervantes Rodriguez v. Noem, No. 1:25- cv-1196, 2025 WL 3022212, at *6 (W.D. Mich. Oct. 29, 2025); Puerto-Hernandez v. Lynch, No. 1:25-cv-1097, 2025 WL 3012033, at *9 (W.D. Mich. Oct. 28, 2025); Rodriguez Carmona v. Noem, No. 1:25-cv-1131, 2025 WL 2992222, at *6 (W.D. Mich. Oct. 24, 2025); Sanchez Alvarez v. Noem, No. 1:25-cv-1090, 2025 WL 2942648, at *6 (W.D. Mich. Oct. 17, 2025). And, this Court is far from the first federal District Court to reach this conclusion. arrested alien, or release the alien on “bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General,” or “conditional parole.” See 8 U.S.C. § 1226(a)(1)–(2). This discretionary framework “requires a bond hearing to make an individualized custody determination.” See Lopez-Campos, 2025 WL 2496379, at *9. The Sixth Circuit held that the balancing test set forth in Mathews v. Eldridge, 424 U.S.
319 (1976), regarding the adequacy of process, applies in the context of immigration detention. See, e.g., United States v. Silvestre-Gregorio, 983 F.3d 848, 852–56 (6th Cir. 2020) (“If this court has previously addressed the due-process claim, then we are bound by precedent; if the claim is an issue of first impression, then we generally apply the three-factor test the Supreme Court set out in Mathews v. Eldridge.”). Under Mathews, the Court must consider the following three factors: “(1) the private interest that will be affected by official action; (2) the risk of erroneous deprivation of that interest; and (3) the government’s interest, including the fiscal and administrative burdens that the additional or substitute procedures entail.” See Lopez-Campos, 2025 WL 2496379, at *9 (citing Mathews, 424 U.S. at 335).
The first Mathews factor clearly weighs in favor of Petitioner. There is no dispute that Petitioner has a significant private interest in avoiding detention, as one of the “most elemental of liberty interests” is to be free from detention. Hamdi v. Rumsfeld, 542 U.S. 507, 529 (2004) (citation omitted). The Court may also consider Petitioner’s conditions of confinement, i.e., “whether a detainee is held in conditions indistinguishable from criminal incarceration.” See Günaydin v. Trump, 784 F. Supp. 3d 1175, 1187 (D. Minn. 2025) (citing Hernandez-Lara v. Lyons, 10 F.4th 19, 28 (1st Cir. 2021); Velasco Lopez v. Decker, 978 F.3d 842, 851 (2d Cir. 2020)). Here, Petitioner, through counsel, represents that he has a wife and two children, the youngest of whom is a United States citizen, and that Petitioner’s detention puts his family at financial risk. (Pet., ECF No. 1, PageID.9.) There can be no doubt that he is “experiencing [many of] the deprivations of incarceration, including loss of contact with friends and family, loss of income earning, . . . lack of privacy, and, most fundamentally, the lack of freedom of movement.” See Günaydin, 784 F. Supp. 3d at 1187. The second Mathews factor also weighs in Petitioner’s favor. An individualized bond
hearing ensures that an immigration judge can assess whether Petitioner poses a flight risk or a danger to the community, reducing the risk that Petitioner will suffer an “erroneous deprivation” of his rights. See Lopez-Campos, 2025 WL 2496379, at *9. Finally, under the third Mathews factor, the Court recognizes that the Government “does, indeed, have a legitimate interest in ensuring noncitizens’ appearance at removal proceedings and preventing harms to the community.” See Sampiao v. Hyde, No. 1:25-cv-11981-JEK, 2025 WL 2607924, at *12 (D. Mass. Sep. 9, 2025) (citation omitted). However, that does not mean that the Government has a significant interest in “detaining someone who [could convince] a neutral adjudicator, following a hearing and assessment of the evidence, that his ongoing detention is not
warranted.” See id. Furthermore, there is no suggestion that an individualized hearing would impose significant “administrative or financial costs” in this case—“[t]o the contrary,” or that such costs would outweigh the costs if “the government [was required] to continue funding and overseeing [Petitioner’s] detention[.]” See id. In sum, the Court’s balancing of the Mathews factors weighs in Petitioner’s favor. Accordingly, the Court concludes that Petitioner’s current detention under the mandatory detention framework set forth in § 1225(b)(2)(A) violates Petitioner’s Fifth Amendment due process rights. IV. Proper Respondents “The writ of habeas corpus does not act upon the prisoner who seeks relief, but upon the person who holds him in what is alleged to be unlawful custody.” Braden v. 30th Jud. Cir. Ct. of Ky., 410 U.S. 484, 494–95 (1973). Thus, [r]ead literally, the language of § 2241(a) requires nothing more than that the court issuing the writ have jurisdiction over the custodian. So long as the custodian can be reached by service of process, the court can issue a writ “within its jurisdiction” requiring that the prisoner be brought before the court for a hearing on his claim, or requiring that he be released outright from custody, even if the prisoner himself is confined outside the court’s territorial jurisdiction. Id. at 495. The Sixth Circuit has concluded “that a detained alien generally must designate his immediate custodian—the [Immigration and Naturalization Service (INS), the predecessor to the present immigration-related agencies,] District Director for the district where he is being detained—as the respondent to his habeas corpus petition.” Roman v. Ashcroft, 340 F.3d 314, 322 (6th Cir. 2003). Here, Petitioner has named the Director of the Detroit Field Office of ICE, the United States Secretary of Homeland Security, the Department of Homeland Security, the Attorney General of the United States, the Executive Office for Immigration Review, The Geo Group, Inc., and the Warden of North Lake Correctional Facility as Respondents. (Pet., ECF No. 1, PageID.1, 5.) In Roman v. Ashcroft, the Sixth Circuit stated that although it “conclude[d] that the immediate custodian rule generally applies to alien habeas corpus petitioners, . . . [there is] the possibility of exceptions to this rule.” Roman, 340 F.3d at 322. The Roman court explained: Some courts are also willing to make an exception to the immediate custodian rule in other extraordinary circumstances. For example, courts have noted the INS’s ability, as a practical matter, to deny aliens any meaningful opportunity to seek habeas corpus relief simply by transferring aliens to another district any time they filed a habeas corpus petition. Chavez–Rivas[ v. Olsen], 194 F. Supp. 2d [368,] 374 [(D.N.J. 2002)]. Aliens remaining in detention for extended periods are often transferred several times during their detention. See Lee v. Ashcroft, 216 F. Supp. 2d 51, 55 (E.D.N.Y. 2002) (“[T]he location of custody, and the identity of the day- to-day custodian, frequently change when detainees are transferred among INS facilities, all of which are under the control of the Attorney General.”); . . . . In light of these transfers, one court reasoned that an alien may properly name a respondent other than his immediate custodian because a petition naming a higher level official, such as the Attorney General, could be adjudicated without interruption in the event of a transfer. Arias–Agramonte[ v. Comm’r], [No. 00 CIV. 2412 (RWS),] 2000 WL 1617999, at *8 [(S.D.N.Y. Oct. 30, 2000)] (explaining that a petition naming only one’s immediate custodian would be dismissed when the alien was transferred to another local district). Id. at 325–26. Thus, the Sixth Circuit concluded, “an exception might be appropriate if the INS were to exercise its transfer power in a clear effort to evade an alien’s habeas petitions.” Id. at 326. In light of the foregoing, to ensure that Respondents maintain authority to enforce this Court’s conditional grant of habeas relief—i.e., the Court’s directive that Petitioner receive a bond hearing or, alternatively, be released—in the event that Petitioner is transferred out of the Western District of Michigan, the Court will not dismiss Secretary Noem as a Respondent to these proceedings. The Court will, however, dismiss the Department of Homeland Security, the Attorney General of the United States, the Executive Office for Immigration Review, The Geo Group, Inc., and the Warden of North Lake Correctional Facility as Respondents. Conclusion For the reasons discussed above, the Court will enter a judgment conditionally granting Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) The Court will order Respondents to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within five business days of the date of this Court’s opinion and judgment or, in the alternative, immediately release Petitioner from custody. The Court will also order Respondents to file a status report within six business days of the date of this Court’s opinion and judgment to certify compliance with this opinion and the corresponding judgment. The status report shall include if and when the bond hearing occurred, if bond was granted or denied, and if bond was denied, the reasons for the denial. Further, the Court will dismiss the Department of Homeland Security, the Attorney General of the United States, the Executive Office for Immigration Review, The Geo Group, Inc., and the Warden of North Lake Correctional Facility as Respondents.
Dated: December 2, 2025 /s/ Robert J. Jonker Robert J. Jonker United States District Judge