KEVIN DIAZ MELGAR
v.
SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, ET AL.
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The court held that the petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a) because his detention is governed by that section, not § 1225(b)(2).
[1] A noncitizen detained under 8 U.S.C. …
[2] The jurisdictional bar of 8 U.S.C. …
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Federal regulations provide that aliens detained under § 1226(a) receive bond hearings at the outset of detention.”
Establishes the statutory entitlement to bond hearings for aliens detained under § 1226(a).
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePetitioner, a citizen of Honduras, entered the U.S. as an unaccompanied minor and was later detained for a traffic violation. He was transferred to DH…
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Before the Court are Kevin Diaz Melgar's petition for writ of habeas corpus (Doc. 1), the Government's response (Doc. 9), and Diaz Melgar's reply (Doc. 10). For the following reasons, the petition is granted in part and denied in part.
I. Background
Diaz Melgar is a native and citizen of Honduras. He entered the United States on May 8, 2019 as an unaccompanied minor and has resided in the United States for more than six years. (Doc. 1 at 5). On October 21, 2025, Diaz Melgar was detained in Lee County for a minor traffic violation. (Id. at 2). He was thereafter transferred into the Custody of the Department of Homeland Security (“DHS”) and has remained in civil detention in the custody of Immigration and Customs Enforcement (“ICE”). (Id.) He is being held under 8 U.S.C. § 1225(b)(2). (Doc. 9 at 1.)
II. Discussion
The core of the dispute before this Court is whether 8 U.S.C. § 1225(b)(2) or § 1226(a) of the Immigration and Nationality Act (“INA”) applies to Diaz Melgar. The distinction matters because § 1225(b)(2) mandates detention throughout removal proceedings, whereas aliens detained under § 1226(a) have the right to a bond hearing before an immigration judge. Diaz Melgar asks the Court to order the respondents to either release him or provide a prompt bond hearing. (Doc. 1 at 2.)
Respondents argue that: (1) 8 U.S.C. §§ 1252(g) and (b)(9) strip the Court of jurisdiction over Diaz Melgar's claims; (2) Diaz Melgar failed to exhaust available administrative remedies; and (3) Diaz Melgar is properly detained under § 1225 and is not eligible for a bond hearing. (Doc. 9 at 3-16.)
The Court has rejected identical arguments in recent cases presenting the same issues. See Cetino v. Hardin, No. 2:25-cv- 1037-JES-DNF (M.D. Fla. December 12, 2025); Patel v. Parra, No. 2:25-cv-870-JES-NPM (M.D. Fla. Dec.2, 2025); Reyes Rodriguez v. Florida Southside Facility, No. 2:25-cv-1012-JES-DNF (M.D. Fla. December 15, 2025). In those cases, the Court was satisfied of its jurisdiction and found that the petitioners were being held in violation of their rights under the INA, entitling them to habeas relief. The Court′s reasons for granting habeas relief in those cases apply equally here.
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As the Court explained in Cetino and Patel, it has jurisdiction because this action falls outside the scope of §§ 1252(g) and (b)(9), and exhaustion is excused because it would be futile. And like the petitioners in the prior cases, Petitioner's detention is governed by § 1226(a), not § 1225(b)(2).
As a noncitizen detained under § 1226(a), Diaz Melgar is entitled to the statutory process under § 1226(a), which includes a bond hearing. See Jennings v. Rodriguez, 583 U.S. 281, 306 (2018) (“Federal regulations provide that aliens detained under § 1226(a) receive bond hearings at the outset of detention.”) (citing 8 C.F.R. §§ 236.1(d)(1), 1236.1(d)(1)).
Accordingly, it is hereby ORDERED:
1. Diaz Melgar's Petition for Writ of Habeas Corpus (Doc. 1) is GRANTED IN PART AND DENIED IN PART.
2. On or before December 27, 2025, Respondents shall
provide Diaz Melgar with the statutory process required under §s 1226, which includes a bond hearing. All other relief is DENIED.1
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3. If Respondents release Diaz Melgar, they shall
facilitate his transportation from the detention facility by notifying his counsel when and where he may be collected.
4. The Clerk is DIRECTED to terminate any pending motions
and deadlines, enter judgment, and close the case.2
DONE AND ORDERED in Fort Myers, Florida on December 16, 2025.
John E teeb
JOHN E. STEELE
SENIOR UNITED STATES DISTRICT JUDGE
Sept. 9, 2025). If Respondents do not provide Diaz Melgar with a bond hearing as ordered, he can renew his Fifth Amendment claims in a subsequent complaint or petition.
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