Tejinder Singh v. Kristi Noem, et al.

CourtDistrict Court, E.D. Kentucky
DecidedJanuary 9, 2026
Docket2:25-cv-00157
StatusUnknown

This text of Tejinder Singh v. Kristi Noem, et al. (Tejinder Singh v. Kristi Noem, et al.) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tejinder Singh v. Kristi Noem, et al., (E.D. Ky. 2026).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION at Covington

TEJINDER SINGH, ) ) Petitioner, ) Civil Action No. 2:25-cv-00157-SCM ) v. ) MEMORANDUM OPINION ) AND ORDER KRISTI NOEM, et al., ) ) Respondents. ) )

*** *** *** *** In recent months, federal courts across the nation have been confronted with habeas petitions asserting that alien detainees who entered the country without permission are entitled to a bond hearing. Most courts have agreed with this position, and the Petitioner in this case argues that this Court should follow their lead. Sometimes a widely held view is widely held because it is correct. But sometimes the few have it right. Such is the case here. Under the plain language of the relevant statute, the Petitioner is an “applicant for admission.” See 8 U.S.C. § 1225(a). And the same statute requires that applicants for admission “shall be detained” during removal proceedings. Id. § 1225(b)(2)(A). Thus, because the Petitioner must be detained, he is not entitled to a bond hearing. Accordingly, his habeas petition is denied. I. Facts The material facts are undisputed. The Petitioner, Tejinder Singh, is an Indian citizen who came to the United States in 2017. [Dkt. 1 at 1]. The Petitioner “entered the United States without permission or parole” in July 2017 by “crossing the U.S.-Mexico border.” [Id. at 2, 5]. The Petitioner was apprehended and detained

by United States Immigration and Customs Enforcement in 2017, was later served with a Notice to Appear charging him with removability due to entering the United States without being admitted or paroled, and was given a bond hearing. [Id. at 5]. An immigration judge released the Petitioner on bond on August 21, 2017. [Dkt. 1-4 at 2]. He then applied for asylum on December 11, 2017. [Dkt. 1 at 6]. In 2022, the Petitioner pled guilty to DUI in Indiana state court after he drove

his car into a house. [Dkt. 1-6 at 3, 15, 20, 24]. In 2023, the Petitioner’s United States citizen sister filed a Form I-130 Petition for Alien Relative on his behalf, which was approved on April 28, 2025.1 [Dkt. 1 at 6; Dkt. 1-7 at 2]. On July 18, 2025, ICE arrested the Petitioner pursuant to a warrant and detained him pending the result of his immigration proceedings. [Dkt. 1 at 7; Dkt. 13]. The Petitioner requested a bond hearing in his immigration proceedings on September 5, 2025. [Dkt. 1 at 7]. On September 29, 2025, the immigration judge

assigned to the Petitioner’s case concluded that his request was barred by the Board

1 An approved Form I-130 does not itself grant lawful immigration status. Approval of Form I-130 is the first step for the Form I-130 petitioner (i.e., Singh’s sister) to help an eligible relative (i.e., Singh) establish lawful status in the United States. See Foul v. Mukasey, 256 F. App’x 785, 786 (6th Cir. 2007) (Form I-130 is “the first step toward obtaining permanent residency based on marriage to a citizen”; the “second step” is filing “a Form I-485 application to adjust status.”).

. of Immigration Appeals’ ruling in Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025), that aliens situated like the Petitioner are not entitled to bond hearings under 8 U.S.C. § 1225(b)(2). [Dkt. 1 at 7; Dkt. 7-1 at 1 (“[T]his Court lacks authority to hear

bond requests or to grant bond to aliens who are present in the United States without admission.”)]. The immigration judge therefore ruled that the Petitioner was not entitled to a bond hearing. The immigration judge ruled in the alternative that even if the Petitioner were entitled to a bond hearing, he should be denied bond because his DUI offense and the surrounding circumstances rendered him “a danger” to the community under binding BIA precedents. [Dkt. 7-1 at 1–2]. The immigration judge

similarly ruled in the alternative that the Petitioner’s criminal history indicated that he was “a flight risk” such that the Petitioner was ineligible for bond.2 [Id. at 2]. The Petitioner then filed his Petition for a Writ of Habeas Corpus and his Motion for injunctive relief on October 15, 2025. [Dkt. 1; Dkt. 2]. He argues that his detention without bond “flouts binding regulations promulgated by the Attorney General, misreads the plain text of the INA [i.e., the Immigration and Nationality Act], and ignores decades of legislative and administrative history.” [Dkt. 10 at 3].

More specifically, he argues that the Department of Homeland Security’s policy of detaining all “noncitizens who have entered the United States without inspection”

2 The Petitioner argues that the immigration judge’s ruling in the alternative was insufficient to satisfy his entitlement to a bond hearing. [Dkt. 1 at 7, 11, 12]. Given the Court’s disposition of this case, the sufficiency of the immigration judge’s alternative bond ruling is irrelevant. But even so, the Petitioner is incorrect about that ruling. The immigration judge considered evidence of the Petitioner’s circumstances and decided that those circumstances made bond inappropriate under the applicable legal standards. See [Dkt. 7-1 at 1–2]. under 8 U.S.C. § 1225(b)(2) without a bond hearing violates his right to due process under the Fifth Amendment and is inconsistent with the Immigration and Nationality Act and the Administrative Procedure Act. [Dkt. 1 at 10–12].3 According

to the Petitioner, his detention is governed by 8 U.S.C. § 1226 instead of 8 U.S.C. § 1225(b), meaning he is entitled to a bond hearing. [Id. at 2]. Thus, he seeks relief through a writ of habeas corpus, which “is at its core a remedy for unlawful executive detention.” Munaf v. Geren, 553 U.S. 674, 693 (2008). And he asks this Court to reject Yajure Hurtado’s interpretation of the INA, agree with “over 70 [other] judges” who concluded that detention like his is unlawful, and endorse his understanding of

the INA. [Dkt. 10 at 2]. He requests immediate release from federal custody or, alternatively, “a constitutionally adequate bond hearing.” [Dkt. 1 at 16]. After Responses and a Reply were filed, this Court held a hearing on the Petition and Motion on December 11, 2025. [Dkt. 14]. II. Analysis This is a case of dueling statutes. It all boils down to one question: Is the Petitioner’s detention governed by 8 U.S.C. § 1225(b)(2), which would preclude him

from receiving a bond hearing, or is it governed by 8 U.S.C. § 1226(a), which would allow a bond hearing? This question has arisen in numerous cases nationwide due to the BIA’s

3 Singh initially advanced two other grounds for relief based on his allegedly warrantless arrest, Counts Three and Four in his Petition. [Dkt. 1 at 13–16]. However, the federal Respondents produced and filed the warrant for Singh’s arrest with this Court. [Dkt. 13]. During the December 11, 2025, hearing in this matter, Singh’s counsel conceded that the warrant disposed of those two grounds for relief and left only the matter of statutory interpretation for the Court to decide.

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Related

Marbury v. Madison
5 U.S. 137 (Supreme Court, 1803)
Munaf v. Geren
553 U.S. 674 (Supreme Court, 2008)
Bangura v. Hansen
434 F.3d 487 (Sixth Circuit, 2006)
Zadvydas v. Davis
533 U.S. 678 (Supreme Court, 2001)
Abu Foul v. Mukasey
256 F. App'x 785 (Sixth Circuit, 2007)
Jennings v. Rodriguez
583 U.S. 281 (Supreme Court, 2018)
Department of Homeland Security v. Thuraissigiam
591 U.S. 103 (Supreme Court, 2020)
Loper Bright Enterprises v. Raimondo
603 U.S. 369 (Supreme Court, 2024)
Trump v. J. G. G.
604 U.S. 670 (Supreme Court, 2025)
Yajure Hurtado
29 I. & N. Dec. 216 (Board of Immigration Appeals, 2025)

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