Harsh Patel v. Brandon Crowley

District Court, N.D. Illinois·Decided October 24, 2025·No. 1:25-cv-11180·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

HARSH PATEL, ) ) Petitioner, ) ) No. 25 C 11180 v. ) ) Hon. Jeffrey I. Cummings BRANDON CROWLEY,1 ) ) Respondent. )

MEMORANDUM OPINION AND ORDER

Petitioner Harsh Patel petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. §2241, on the ground that he is being held without the possibility of release on bond in violation of the Immigration and Nationality Act. In particular, Patel argues that he has been unlawfully detained pursuant to the mandatory detention provision of 8 U.S.C. §1225(b)(2) (“Section 1225(b)(2)—under which he is detained until the conclusion of his removal proceedings without the possibility of a bond hearing—and that he has instead been detained under 8 U.S.C. §1226(a) (“Section 1226(a)”), which would entitle him to “receive [a] bond hearing[] at the outset of detention” and be eligible for release on a minimum bond of $1,500. See Jennings v. Rodriguez, 583 U.S. 281, 306 (2018) (citing pertinent regulations). Because the Court agrees that Patel is properly detained under Section 1226(a), not Section 1225(b)(2), it grants his petition and orders that he be granted a bond hearing no later than October 31, 2025.

1 The Government represents that Patel is being housed at Clay County Jail in Brazil, Indiana and that Brandon Crowley is the Jail Commander of that facility. Because Crowley is Patel’s immediate custodian, the Court substitutes him as Respondent in this matter pursuant to Federal Rule of Civil Procedure 25(d). (Dckt. #13 at 1 n.1). Moreover, this Court will use the term “foreign national” as equivalent to the statutory term “alien” within the Immigration and Nationality Act (“INA”). See 8 U.S.C. §1101(a)(3) (defining “alien” as “any person not a citizen or national of the United States.”). I. BACKGROUND

On December 15, 2022, Petitioner Harsh Patel, an Indian national, entered the United States on foot near San Luis, Arizona where he was apprehended by United States Customs and Border Protection (“CBP”) officials. (Dckt. #7-2 at 2). Patel was released on his own recognizance with an I-94 (an official arrival/departure record issued by CBP)—he was not detained. (Id.). Patel, who has no criminal history, (id. at 3), timely filed an asylum application with United States Citizenship & Immigration Services (“USCIS”) and his application is still pending, (Dckt. #1 at 1). On September 15, 2025, Patel appeared at the Chicago United States Immigration and Customs Enforcement (“ICE”) headquarters for his scheduled FOAS appointment2 when he was arrested by ICE agents so that he could be placed in removal proceedings. (Dckt. #7-2 at 2–3). ICE arrested Patel pursuant to a Form I-200 warrant under Section 1226(a). (Dckt. #7-3; Dckt. #13 at 2–3). At the time of his arrest, ICE also issued Patel a Notice to Appear (“NTA”), which is the charging document for removal proceedings. See Vasquez Perez v. Decker, No. 18-CV-

10683 (AJN), 2019 WL 4784950, at *1 (S.D.N.Y. Sept. 30, 2019). The NTA charges Patel with being in the United States in violation of 8 U.S.C. §1182(a)(6)(A)(i) (as a noncitizen present without admission or parole, or who “arrives in the United States at any time or place other than as designated by the Attorney General”) and 8 U.S.C. §1182(a)(7)(A)(i)(I) (as an “immigrant at the time of application for admission . . . who is not in possession of a valid” travel document). (Dckt. #7-1 at 3–4). The NTA included a checked box stating that Patel was an “alien present in the United States without being admitted or paroled” and an un-checked box stating “[y]ou are an arriving alien.” (Id. at 1).

2 FOAS (field office appointment scheduler) is an internal ICE tool for scheduling required check-in appointments with non-citizens. After his arrest, Patel was detained at the Broadview, Illinois processing center. On September 16, 2025, the day after his arrest, Patel filed this petition for a writ of habeas corpus, arguing that he is subject to the discretionary detention provisions of Section 1226(a), but is being held without the possibility of release on bond in violation of the Due Process Clause of

the Fifth Amendment to the United States Constitution and the Immigration and Nationality Act (“INA”). Patel was soon transferred to the Clay County Jail in Brazil, Indiana, where he remains today. Because he was detained in Broadview, Illinois when the petition was filed, his petition is properly heard in the Northern District of Illinois, see Trump v. J.G.G., 604 U.S. 670, 672 (2025) (citing Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004)), and his subsequent transfer to Indiana does not require otherwise, In re Hall, 988 F.3d 376, 378 (7th Cir. 2021). After Patel filed his petition, the Court ordered the parties to address whether the Court has jurisdiction to hear the petition. Patel filed a separate memorandum addressing jurisdiction, (Dckt. #6), and the Government filed a response to the petition and documents pertaining to Patel’s detention by ICE, (Dckt. ##7, 8). The Government then filed a supplemental response to

the petition, (Dckt. #13), to which Patel replied, (Dckt. #14). II. ANALYSIS It is well-settled that a district court may grant a writ of habeas corpus to any person who demonstrates that he is “in custody in violation of the Constitution or laws . . . of the United States.” 28 U.S.C. §2241. As the petitioner, Patel bears the burden of proving by a preponderance of the evidence that his detention is unlawful. See, e.g., Ochoa Ochoa v. Noem, No 25 CV 10865, 2025 WL 2938779, at *2 (N.D.Ill. Oct. 16, 2025); Belsai D.S. v. Bondi, No. 25-cv-3682 (KMM/EMB), 2025 WL 2802947, at *3 (D.Minn. Oct. 1, 2025). In the briefing, Patel focuses on his argument that he is properly detained under Section 1226(a), which permits discretionary release on bond—and not under Section 1225(b), which mandates detention—and, as such, he is entitled to a prompt bond hearing in front of an immigration judge.3 In response, Brandon Crowley (“Respondent”) asserts that Patel’s petition

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