7:26-cv-00019•Case Name in Immigration Case - Unavailable
Full text
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION N.M.M., : : Petitioner, : : v. : CASE NO.: 7:26-CV-19 (LAG) : Warden, IRWIN COUNTY DETENTION CENTER, et al., : : Respondents. : : ORDER Before the Court is Petitioner’s Petition for a Writ of Habeas Corpus (Doc. 1). Petitioner is a native and citizen of Honduras who entered the United States in 2007 without inspection and has resided in the United States since then. (Doc. 1 at ¶ 1). Petitioner was recently taken into United States Immigration and Customs Enforcement (ICE) custody and has been detained at the Irwin County Detention Center. (Doc. 1 at ¶ 20). Petitioner contends that he is entitled to a discretionary bond hearing under 8 U.S.C. § 1226(a). Respondents argue that Petitioner is not entitled to a bond hearing because he is detained under 8 U.S.C. § 1225(b)(2), which mandates detention for certain aliens, without an opportunity for a bond hearing. As Respondents concede, however, the issue presented in this action is identical to the issue decided 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). (Doc. 5 at 1–2) This Court hereby adopts the court’s rationale in J.A.M. and P.R.S and finds that Petitioner’s detention is governed by 8 U.S.C. § 1226(a). The Court thus grants Petitioner’s Petition for a Writ of Habeas Corpus to the extent that the Court orders Respondents to provide Petitioner with a bond hearing within SEVEN (7) Case 7:26-cv-00019-LAG-ALS Document 7 Filed 01/22/26 Page 1 of 2
2 DAYS of this Order to determine if Petitioner may be released on bond under § 1226(a)(2) and the applicable regulations. See 8 C.F.R. §§ 236.1 & 1236.1. SO ORDERED, this 22nd day of January, 2026. /s/ Leslie A. Gardner LESLIE A. GARDNER, CHIEF JUDGE UNITED STATES DISTRICT COURT Case 7:26-cv-00019-LAG-ALS Document 7 Filed 01/22/26 Page 2 of 2
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.