Louis-Jacques v. Putra et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
LESLY LOUIS-JACQUES,
Petitioner,
v.
MATTHEW PUTRA et al.,
Respondents.
____________________________/
Case No. 1:26-cv-2820
Honorable Jane M. Beckering
OPINION
Petitioner, a United States Immigration and Customs Enforcement (ICE) detainee, initiated
this action by filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Pet., ECF
No. 1.) For the following reasons, the Court will conditionally grant the petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2241.
Discussion
I. 	Procedural History
The habeas petition challenges the lawfulness of Petitioner’s current detention and asks the
Court to, inter alia, issue a writ of habeas corpus pursuant to 28 U.S.C. § 2241 either ordering
Respondents to release Petitioner or ordering Respondents to conduct a bond hearing to satisfy the
requirements of due process. (Pet., ECF No. 1, PageID.19.) In an order entered on October 1, 2026,
the Court directed Respondents to show cause, within three business days, why the writ of habeas
corpus and other relief requested by Petitioner should not be granted. (Order, ECF No. 3.)
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Respondents filed their response on October 6, 2026. (ECF No. 4.) Petitioner filed his reply and a
motion to expedite1 on October 7, 2026.2 (ECF No. 5.)
II. 	Relevant Factual Background
Petitioner is a native and citizen of Haiti. (Pet., ECF No. 1, PageID.2.) The Department of
Homeland Security (DHS) permitted Petitioner to enter the United States in June 2024,3 and
Petitioner has remained in the United States since that time. (Id.; DHS Travel Authorization, ECF
No. 4-1, PageID.78.) On or about July 2, 2026, Petitioner was arrested by ICE and issued a Notice
to Appear (NTA). (Pet., ECF No. 1, PageID.2; NTA, ECF No. )
Respondents have not provided Petitioner an individualized bond hearing before an
immigration judge as contemplated by 8 U.S.C. § 1226(a).4
III. 	Habeas Corpus Legal Standard
The Constitution guarantees that the writ of habeas corpus is “available to every individual
detained within the United States.” Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004) (citing U.S.
Const., Art I, § 9, cl. 2). Section 2241 of Title 28 confers upon the federal courts the power to issue
writs of habeas corpus to persons “in custody in violation of the Constitution or laws or treaties of
the United States.” 28 U.S.C. § 2241. This includes challenges by non-citizens in immigration-
1 As set forth in this opinion, the Court will conditionally grant Petitioner’s §2241 petition and
order Respondents to provide Petitioner with a bond hearing or immediately release Petitioner
from custody. In light of this, the entry of the Court’s opinion and judgment moots Petitioner’s
pending motion to expedite.
2 On October 9, 2026, Petitioner filed a second reply that is the same as the reply filed on October
7, 2026, but without the accompanying motion to expedite. (ECF No. 6.)
3 Petitioner was paroled into the United States for a period of one year. (See Pet., ECF No. 1,
PageID.2; Most Recent I-94, ECF No. 1-1, PageID.33; June 13, 2025, Notice of Termination of
Parole, ECF No. 4-3, PageID.82.) Petitioner does not contend that he remained paroled at the time
that he was arrested by DHS. (See Pet., ECF No. 1, PageID.2)
4 The materials submitted by the parties do not suggest that Petitioner is subject to a final order of
removal or that Petitioner is subject to detention under 8 U.S.C. § 1226(c).
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related matters. See Zadvydas v. Davis, 533 U.S. 678, 687 (2001); see also A. A. R. P. v. Trump,
145 S. Ct. 1364, 1367 (2025).
IV. 	Merits Discussion
A. 	Statutory Basis for Petitioner’s Detention
Based on the facts presented by the parties, and the reasoning of the Sixth Circuit Court of
Appeals in Lopez-Campos v. Raycraft, 175 F.4th 713 (6th Cir. 2026), the Court concludes that
§ 1226(a), not § 1225(b)(2)(A), governs Petitioner’s detention.5
B. 	Fifth Amendment Due Process Considerations
The Fifth Amendment guarantees that “[n]o person shall . . . be deprived of life, liberty, or
property, without due process of law.” U.S. Const. amend. V. In Lopez-Campos, the Sixth Circuit
Court of Appeals explained:
Noncitizens who have “passed through our gates, even illegally, may be expelled
only after proceedings conforming to traditional standards of fairness encompassed
in due process of law.” Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206,
212 (1953); see also Yamataya v. Fisher, 189 U.S. 86, 100–01 (1903). Thus,
noncitizens within the interior of the United States are entitled to the protections of
the Due Process Clause, “whether their presence here is lawful, unlawful,
temporary, or permanent.” Zadvydas v. Davis, 533 U.S. 678, 693 (2001). “It is well
established that the Fifth Amendment entitles aliens to due process of law in
[removal] proceedings.” Reno v. Flores, 507 U.S. 292, 306 (1993); see also
Demore v. Kim, 538 U.S. 510, 523 (2003). Consequently, the government may not
deny “notice” or “an opportunity to be heard” to a noncitizen “who has entered the
country, and has become subject in all respects to its jurisdiction, and a part of its
population, although alleged to be illegally here.” Yamataya, 189 U.S. at 100–01.
Lopez-Campos, 	175 	F.4th 	at 	732. 	The Sixth Circuit 	therefore upheld 	the lower 	courts’
determinations the government’s detention of the Lopez-Campos petitioners “without bond under
§ 1226(a) was a deprivation of liberty that violated [their] due process rights.” Id. at 734.
5 Additionally, for the same reasons set forth in Hernandez Montiel v. Raycraft, No. 1:25-cv-1610,
2026 WL 32076 (W.D. Mich. Jan. 6, 2026), the Court disagrees with Respondents’ argument that
Petitioner’s detention is governed by § 1225 due to his manner of entry into the United States.
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Petitioner is likewise detained under § 1226(a) and has not been afforded an individualized
bond hearing where the IJ determines whether Petitioner poses a danger or a flight risk. Therefore,
the Court concludes that Petitioner’s current detention under the mandatory detention framework
set forth in § 1225(b)(2)(A) violates Petitioner’s Fifth Amendment due process rights. See id.; see
also Antele Cobix v. Raycraft, No. 1:25-cv-1669, 2025 WL 3562651, at *6–8 (W.D. Mich. Dec.
12, 2025); Candela Bastidas v. Noem, No. 1:25-cv-1528, 2025 WL 3562638, at *7–8 (W.D. Mich.
Dec. 12, 2025); Acuna Sanchez v. Noem, No. 1:25-cv-1442, 2025 WL 3562577, at *7–9 (W.D.
Mich. Dec. 12, 2025); Penagos Robles v. U.S. Dep’t of Homeland Sec., No. 1:25-cv-1578, 2025
WL 3558128, at *6–8 (W.D. Mich. Dec. 12, 2025).
V. 	Other Claims and Other Forms of Relief
Because the Court will conditionally grant Petitioner’s § 2241 petition as set forth herein,
the Court does not address other claims and other requested relief in Petitioner’s § 2241 petition.
VI. 	Proper Respondents
Respondents argue that the Detroit ICE Field Office Director is the only proper Respondent
in this action. They seek the dismissal of the other named Respondents. The Court concludes
that the ICE Detroit Field Office Director is not the only proper Respondent for the reasons set
forth in the Court’s analysis of the same argument in each of the following cases: Antele Cobix v.
Raycraft, 	No. 	1:25-cv-1669, 	2025 	WL 	3562651, 	at *8–9 	(W.D. 	Mich. 	Dec. 	12, 	2025);
Candela Bastidas v. Noem, No. 1:25-cv-1528, 2025 WL 3562638, at *8–9 (W.D. Mich. Dec. 12,
2025); Acuna Sanchez v. Noem, No. 1:25-cv-1442, 2025 WL 3562577, at *9–10 (W.D. Mich. Dec.
12, 2025); Penagos Robles v. U.S. Dep’t of Homeland Sec., No. 1:25-cv-1578, 2025 WL 3558128,
at *9–10 (W.D. Mich. Dec. 12, 2025). To ensure that this Court’s orders regarding habeas relief
will bind at least one Respondent with authority to act in the event that Petitioner is transferred
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outside the area under the authority of the ICE Detroit Field Office, the Court will retain all of the
remaining Respondents.
Conclusion
For the reasons discussed above, the Court will enter a judgment conditionally granting
Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The Court will order
Respondents to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within five
business days of the date of this Court’s opinion and judgment with notice to the Parties as soon
as practicable, no later than 24 hours prior to the scheduled hearing, or, in the alternative,
immediately release Petitioner from custody.6 The Court will also order Respondents to file a
status report within six business days of the date of this Court’s opinion and judgment to certify
compliance with this opinion and the corresponding judgment. The status report shall include if
and when the bond hearing occurred, if bond was granted or denied, and if bond was granted, the
conditions of the bond, or if bond was denied, the reasons for the denial.
Dated:
Jane M. Beckering
United States District Judge
6 This Court has adopted a standard practice of requiring such a hearing within five business days,
even if the Petitioner requests a deadline that is shorter or longer or only release.
October 14, 2026 /s/ Jane M. Beckering
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