Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WILLY FRANCOIS
v.
KRISTI NOEM, et al.
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CIVIL ACTION
No. 25-7334
ORDER
AND NOW, this 5th day of January, 2026, upon consideration of Petitioner Willy
Francois’ Petition for Writ of Habeas Corpus (Dkt. No. 1), the Government’s response (Dkt. No.
3), and for the reasons stated in the accompanying Memorandum, it is ORDERED that the Petition
(Dkt. No. 1) is GRANTED as follows:
1. 	Francois is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2), and is instead
subject to detention, if at all, pursuant to the discretionary provisions of 8 U.S.C. § 1226(a);
2. 	The Government shall RELEASE Francois from custody immediately and shall certify
compliance with this Memorandum Opinion and Order by filing on the docket no later than
5:00 P.M. EST on January 6, 2025;
3. 	The Government is temporarily enjoined from re-detaining Francois for seven days
following his release from custody;
4. 	If the Government chooses to pursue re-detention of Francois after that seven-day period,
it must first provide him with a bond hearing, at which a neutral immigration judge shall
determine 	whether 	detention 	is 	warranted 	pending 	the 	resolution 	of 	his 	removal
proceedings; and
5. 	Pending the ordered bond hearing, the Government cannot remove, transfer, or otherwise
facilitate the removal of Francois from the Eastern District of Pennsylvania before the
ordered bond hearing. 	If the immigration judge determines that Francois is subject to
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detention under 8 U.S.C. § 1226(a), the Government may request permission from me to
move Francois if unforeseen or emergency circumstances arise that require him to be
removed from the District. Any such request must include an explanation for the request
as well as a proposed destination. The Court will then determine whether to grant the
request and permit transfer of Francois.
It is further ORDERED that the hearing scheduled for Wednesday, January 7, 2026 at 3:00
P.M. in Courtroom 14B is CANCELLED. The Clerk of Court shall mark this case CLOSED.
BY THE COURT:
/s/ Juan R. Sánchez
Juan R. Sánchez, J.
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