Orlando Moreno-Espinoza v. Scott Ladwig

District Court, W.D. Tennessee·Decided December 19, 2025·No. 2:25-cv-03093·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION

ORLANDO MORENO-ESPINOZA, ) ) Petitioner, ) ) No. 2:25-cv-03093-TLP-tmp v. ) ) SCOTT LADWIG, ) ) Respondent. )

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS

Petitioner Orlando Moreno-Espinoza, an alien detained in the West Tennessee Detention Facility in Mason, Tennessee, petitions for a Writ of Habeas Corpus under 28 U.S.C. § 2241. (ECF No. 8.) On December 4, 2025, the Court entered an Order directing Respondent to show cause why the Writ should not be granted and indicating that the Court would hold a hearing on the Petition. (ECF No. 4.) Respondent responded to the Show Cause Order (ECF No. 6), and Petitioner replied. (ECF No. 8.) The Parties consented, by email, to having the Court rule on the briefing without a hearing. For the reasons stated below, the Petition is GRANTED. BACKGROUND Petitioner, a Mexican citizen, has been living in the United States for an unknown period. (ECF No. 6 at PageID 25.) He filed a Deferred Action for Childhood Arrivals (“DACA”) application I-821D on March 29, 2021. (Id.) On his I-213 form narrative, Petitioner claims to have attended school in the United States, suggesting his residence has been in the United States for at least several years. (ECF No. 6-3 at PageID 51.) Petitioner was born in 2002 and is no longer a minor. (ECF No. 6 at PageID 26.) Federal law enforcement detained Petitioner during a traffic stop on November 19, 2025. (Id. at PageID 25–26.) U.S. Immigration and Customs Enforcement (“ICE”) took Petitioner into

custody, and he remains in ICE custody at the West Tennessee Detention Facility in Mason, Tennessee. (Id. at PageID 26; ECF No. 1-3 at PageID 13.) On November 19, 2025, ICE served Petitioner with a Notice to Appear, charging him with being “an alien present in the United States who has not been admitted or paroled.” (ECF No. 6-1 at PageID 46–47.) The Notice to Appear set a hearing for Petitioner on December 12, 2025. (ECF No. 6 at PageID 26.) The Department of Homeland Security (“DHS”) has not held a bond hearing for Petitioner. (ECF No. 1-3 at PageID 14.) Based on a new policy interpretation, DHS determined that he is subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A). (ECF No. 6 at PageID 26.) In July 2025, DHS, the Department of Justice (“DOJ”), and ICE issued the new policy on the detention of noncitizens.1 The new policy subjects noncitizens who have resided in the

United States for a long time and who are apprehended in the interior of the country to mandatory detention. In the past, immigration authorities would have afforded the noncitizens bond hearings under 8 U.S.C. § 1226(a). Before this policy change, the immigration authorities did not consider these noncitizens “applicants for admission” subject to mandatory detention under § 1225(b)(2)(A). Godinez-Lopez v. Ladwig et al., No. 2:25-cv-02962, 2025 WL 3047889,

1 American Immigration Lawyers Association, ICE Memo: Interim Guidance Regarding Detention Authority for Applications for Admission, AILA (July 8, 2025), https://www.aila.org/ice-memo-interim-guidance-regarding-detention-authority-for-applications- for-admission (“For custody purposes, these aliens are now treated in the same manner that ‘arriving aliens’ have historically been treated.”) (last visited Dec. 15, 2025). at *1–2 (W.D. Tenn. Oct. 31, 2025). They were instead detained under § 1226(a) and given a bond hearing. Id. The Board of Immigration Appeals (“BIA”) later upheld this new policy in the case of Matter of Yajure Hurtado. 29 I. & N. Dec. 216 (BIA 2025). And so immigration judges are now

bound by precedent which denies noncitizens bond hearings under § 1225(b)(2)(A), even though those same noncitizens would have been eligible for a bond hearing under § 1226(a). Petitioner, who has presumably resided in the United States for several years, now faces the prospect of extended detention in ICE custody. He asserts that the failure to provide him with a bond hearing violates 8 U.S.C. § 1226(a), his Fifth Amendment right to procedural due process, and his Fourth Amendment right to be free from unreasonable seizure. (ECF No. 1 at PageID 6.) He asks the Court to grant his Petition and to order a bond hearing, his immediate release from custody if a bond hearing is not provided, and attorney’s fees and costs under the Equal Access to Justice Act. (Id. at PageID 7; ECF No. 8 at PageID 68.) LEGAL STANDARD

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Orlando Moreno-Espinoza v. Scott Ladwig, (W.D. Tenn. 2025).

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