Sergio Dominguez Hernandez v. Pamela Bondi et al.

District Court, W.D. Michigan·Decided December 19, 2025·No. 1:25-cv-01680·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ______

SERGIO DOMINGUEZ HERNANDEZ,

Petitioner, Case No. 1:25-cv-1680

v. Honorable Robert J. Jonker

PAMELA BONDI et al.,

Respondents. ____________________________/

OPINION Petitioner Sergio Dominguez Hernandez initiated this action on December 8, 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 pursuant to 28 U.S.C. § 2241 ordering Petitioner’s immediate release; and, to declare that Petitioner’s arrest and detention are unlawful and unconstitutional. (Id., PageID.4–5.)1 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.

1 In an order entered on December 10, 2025, the Court directed Respondents to show cause, within three business days, why the writ of habeas corpus and other relief requested by Petitioner should not be granted. (Order, ECF No. 5.) Respondents filed their response on December 15, 2025. (ECF No. 6.) Petitioner did not file a reply, and the time for him to do so has expired. Discussion I. Factual Background Petitioner is a native and citizen of Mexico. (Pet., ECF No. 1, PageID.2; Notice to Appear (NTA), ECF No. 6-1, PageID.54.) On November 12, 2025, ICE agents encountered and arrested Petitioner while Petitioner was “at his place of employment in Carol Stream, Illinois.” (Pet., ECF No. 1, PageID.2; NTA, ECF No. 6-1, PageID.55.) Agents issued Petitioner a Form I-862, NTA,

charging Petitioner with inadmissibility under §§ 212(a)(6)(A)(i) and 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act (INA) because Petitioner is an immigrant “present in the United States without being admitted or paroled, or who arrived in the United States at any time or place other than as designated by the Attorney General,” and “who, at the time of application for admission, is not in possession of a valid unexpired [immigration or travel document].” (NTA, ECF No. 6-1, PageID.57.) Petitioner is scheduled to appear before the Detroit Immigration Court for a hearing on December 22, 2025. (Id., PageID.54.) 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. Exhaustion Respondents argue that the Court should deny Petitioner’s request for habeas corpus relief because Petitioner has not requested a bond hearing before the immigration court and, therefore, has not exhausted his administrative remedies. (Resp., ECF No. 6, PageID.33.) Respondents further argue that Petitioner should request a bond hearing and, if necessary, appeal any unfavorable decision to the Board of Immigration Appeals (BIA). (Id.) Here, no applicable statute or rule mandates administrative exhaustion by Petitioner. Thus, whether to require exhaustion is within this Court’s “sound judicial discretion.” See Shearson v.

Holder, 725 F.3d 588, 593–94 (6th Cir. 2013) (quoting McCarthy v. Madigan, 503 U.S. 140, 144 (1992)). “Courts have described an implied requirement to raise issues with an agency as a ‘judge- made,’ ‘prudential,’ or ‘common law’ duty to exhaust,” Island Creek Coal Co. v. Bryan, 937 F.3d 738, 746 (6th Cir. 2019) (citations omitted), and such a court-made exhaustion rule must comply with statutory schemes and Congressional intent, Shearson, 725 F.3d at 593–94. Notably, the United States Court of Appeals for the Sixth Circuit has not yet decided “whether courts should impose administrative exhaustion in the context of a noncitizen’s habeas petition for unlawful mandatory detention,” Pizarro Reyes v. Raycraft, No. 25-cv-12546, 2025 WL 2609425, at *3 (E.D. Mich. Sep. 9, 2025) (citing Hernandez Torrealba v. U.S. Dep’t of Homeland Sec., No. 1:25-cv-

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