Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
J.G.V.N.,
Petitioner,
vs.
WARDEN, STEWART DETENTION
CENTER, et al.,
Respondents.
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CASE NO. 4:26-cv-138-CDL-ALS
O R D E R
The Court received Petitioner’s application for habeas corpus
relief 	under 	28 	U.S.C. 	§ 	2241. 	Pet. 	(Jan. 	23, 	2026), 	ECF 	No. 	1.
The Court may apply Rule 4 of the Rules Governing § 2254 cases in
this 	action. 	SECT 	2254 	Rule 	1(b) 	(“The 	district 	court 	may 	apply
any or all of these rules to a habeas corpus petition not covered
by Rule 1(a) [which addresses petitions under 28 U.S.C. § 2254].”).
Under Rule 4, if a petition is not dismissed on preliminary review,
then 	“the 	judge 	must 	order 	the 	respondent 	to 	file 	an 	answer,
motion, 	or 	other 	response 	within 	a 	fixed 	time, 	or 	to 	take 	other
action the judge may order.” 	SECT 2254 Rule 4. 	Applying Rule 4,
the Court issues the following order.
This case appears to involve the same issues raised in J.A.M.
v. 	Streeval, 	No. 	4:25-CV-342-CDL, 	2025 	WL 	3050094 	(M.D. 	Ga. 	Nov.
1, 	2025) 	and 	P.R.S. 	v. 	Streeval, 	No. 	4:25-cv-330-CDL, 	2025 	WL
3269947 	(M.D. 	Ga. 	Nov. 	24, 	2025). 	In 	those 	cases, 	the 	Court
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concluded 	that 	for 	noncitizens 	“who 	are 	found 	in 	the
country unlawfully and are arrested” without having been inspected
by an examining immigration officer, then “an immigration officer
or immigration judge has the discretion” under 8 U.S.C. § 1226(a)
to grant them release on bond unless a statutory exception applies
under 8 U.S.C. § 1226(c). 	J.A.M., 2025 WL 3050094, at *3; P.R.S.,
2025 	WL 	3269947, 	at 	*1-*2. 	Mandatory 	detention 	under 	8 	U.S.C.
§ 1225(b)(2) 	“is 	not 	authorized” 	in 	such 	cases. 	P.R.S., 	2025 	WL
3269947, at *2.
Based upon the rationale of J.A.M. and P.R.S., Respondents in
this 	action 	are 	hereby 	ORDERED 	to 	provide 	Petitioner 	with 	a 	bond
hearing 	to 	determine 	if 	Petitioner 	may 	be 	released 	on 	bond 	under
§ 1226(a)(2) 	and 	the 	applicable 	regulations. 	Respondents 	shall
provide this bond hearing within seven days of today’s order. 	Once
a 	bond 	hearing 	is 	provided, 	Petitioner 	will 	have 	received 	the
remedy that the Court is authorized to order, and Petitioner should
file a notice of dismissal.
If 	Respondents 	in 	good 	faith 	contend 	that 	the 	Court’s 	prior
rulings in J.A.M. and P.R.S. do not apply here, Respondents should
file 	an 	appropriate 	motion 	seeking 	relief 	from 	this 	order 	and
demonstrating 	why 	the 	Court’s 	prior 	rulings 	in 	J.A.M. 	and 	P.R.S.
do 	not 	control 	the 	result 	in 	this 	case. 	If 	such 	a 	good 	faith
motion 	is 	filed, 	then 	this 	order 	shall 	be 	stayed 	pending 	the
resolution of that motion.
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IT IS SO ORDERED, this 27th day of January, 2026.
s/Clay D. Land
CLAY D. LAND
U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA
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