Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
E.J.R.N.,
Petitioner,
vs.
WARDEN, STEWART DETENTION
CENTER, et al.,
Respondents.
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CASE NO. 4:26-cv-149-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. 	26, 	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
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Court 	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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