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7:25-cv-00198Gamd30 de dez. de 2025

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
D.E.B.C., :
:
Petitioner, :
:
: CASE NO.: 7:25-CV-198 (LAG)
:
:
v.
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 Guatemala who entered the United States on an
unknown date without inspection and has resided in the United States since then. (Doc. 1
at ¶ 30; Doc. 1-1). On or about December 8, 2025, Petitioner was taken into United States
Immigration and Customs Enforcement (ICE) custody and has been detained since then.
(Doc. 1 at ¶ 3). 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, though, 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. 8 at 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 7:25-cv-00198-LAG-AGH Document 9 Filed 12/30/25 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 & 1236.1.1
SO ORDERED, this 30th day of December, 2025.
/s/ Leslie A. Gardner
LESLIE A. GARDNER, CHIEF JUDGE
UNITED STATES DISTRICT COURT
1 On December 7, 2025, Petitioner filed an Emergency Motion for Temporary Restraining Order
(TRO) (Doc. 7). Because the Court now orders Respondents to provide Petitioner with a bond hearing,
Petitioner’s Emergency Motion for TRO (Doc. 7) is DENIED AS MOOT.
Case 7:25-cv-00198-LAG-AGH Document 9 Filed 12/30/25 Page 2 of 2

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