ANTONIO DEJES MARTINEZ CHAVEZ
v.
GARRETT RIPA, FIELD OFFICE DIRECTOR OF ENFORCEMENT AND REMOVAL OPERATIONS, MIAMI, FIELD OFFICE, IMMIGRATION AND CUSTOMS ENFORCEMENT; SECRETARY KRISTI NOEM, SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY; PAMELA JO BONDI, U.S. ATTORNEY GENERAL; AND WARDEN MATTHEW MORDANT, WARDEN OF SOUTH FLORIDA DETENTION CENTER
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the plaintiff, detained under § 1226, is entitled to a bond hearing, but not immediate release.
[1] An alien who has resided in the United States for an extended period following illegal entry is governed by 8 U.S.C. …
[2] An alien detained under § 1226(a) is entitled to a bond hearing at the outset of detention, though not to automatic release, as the executive branch retains discretion to…
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“[Sections] 1225(b)(1) and (b)(2) thus mandate detention of applicants for admission until certain proceedings have concluded.”
Establishes that § 1225(b)(2) contains a mandatory detention requirement for applicants for admission.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff, an alien unlawfully present in the U.S. for over 20 years, was detained by ICE. He filed a habeas corpus petition challenging his detention…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse 8 U.S.C. § 1225 cases and more on FLexlaw
Plaintiff Antonio Dejes Martinez Chavez has filed a habeas corpus petition challenging his detention by U.S. Immigration & Customs Enforcement. (Doc. 1.) [fn 1] He claims that the Attorney General is holding him without a bond hearing in violation of the Immigration and Nationality Act
(“INA”), and his continued detention without a hearing contravenes the Fifth Amendment. (Id. at 22-24.) Defendants responded. (Doc. 9.) For the reasons below, the petition is GRANTED IN PART AND DENIED IN PART.
Chavez illegally entered the United States over 20 years ago. (Doc. 1 ¶ 55.) He was recently detained by ICE and is now held at Alligator Alcatraz in the Middle District of Florida. (Id. ¶ 8.)
ICE is holding Chavez under 8 U.S.C. § 1225. (Id. ¶ 64.) This matters because aliens detained through § 1225(b)(2) must remain in custody throughout their removal proceedings. See Jennings v. Rodriguez, 583 U.S. 281, 297 (2018) (“[Sections] 1225(b)(1) and (b)(2) thus mandate detention of applicants for admission until certain proceedings have concluded.”). Removal proceedings are underway against Chavez, and he is being accused of unlawfully entering the United States. (See Doc. 1 ¶ 5.)
The heart of this case is a question of statutory interpretation involving the interplay between 8 U.S.C. §§ 1225 and 1226. According to Chavez, the Attorney General is unlawfully holding him under § 1225(b)(2), which mandates his detention, instead of under § 1226(a)'s discretionary detention scheme, where he could be eligible for release. As a result, his continued detention without a bond hearing is unconstitutional.
As the Government concedes, the Court has already covered this ground and addressed the issues raised by Chavez. See Hernandez-Lopez v. Hardin, et
al., No. 2:25-CV-830-KCD-NPM, 2025 WL 3022245 (M.D. Fla. Oct. 29, 2025); Garcia v. Noem, No. 2:25-CV-00879-SPC-NPM, 2025 WL 3041895, at *6 (M.D. Fla. Oct. 31, 2025). There, the Court was satisfied of its jurisdiction and found that petitioners were being held in violation of their rights under the INA, entitling them to habeas relief. The same result applies here. It is undisputed that Chavez has been in the United States for years. His detention is thus governed by § 1226. And as a noncitizen detained under § 1226, Chavez is entitled to a bond hearing. See Jennings, 583 U.S. at 306 (“Federal regulations provide that aliens detained under § 1226(a) receive bond hearings at the outset of detention.”). Finally, several defendants raise an argument that they are not proper parties, which the Court now rejects as well. See Sanchez- Penunuri v. Longshore, 7 F. Supp. 3d 1136, 1150 (D. Colo. 2013); Masingene v. Martin, 424 F. Supp. 3d 1298, 1302 (S.D. Fla. 2020).
Chavez seeks a writ of habeas corpus ordering his immediate release from custody. (Doc. 1 at 25.) But that is not something the Court can do. "[Section] 1226(a)(1) grants the executive branch discretion to determine whether to detain or release a noncitizen who is facing removal proceedings." Hulke v. Schmidt, 572 F. Supp. 3d 593, 596 (E.D. Wis. 2021). Chavez is an alien without lawful status. So he is entitled to a bond hearing under § 1226(a), not immediate release. See, e.g., Lopez-Arevelo, No. EP-25-CV-337-KC, 2025 WL 2691828, at *12 (W.D. Tex. Sept. 22, 2025). Consistent with the “comfortable
majority position," the Court will instead require Defendants to provide Chavez with the statutory process required under § 1226(a), which includes a bond hearing. Id.
One last issue. Chavez's petition also challenges his detention under the Fifth Amendment. This claim is not addressed "given that the Court [is granting] the relief [Chavez is entitled to] based on its interpretation of the applicability of § 1226(a).” Pizarro Reyes v. Raycraft, No. 25-cv-12546, 2025 WL 2609425, at *8 (E.D. Mich. Sept. 9, 2025). If Defendants do not provide Chavez with a bond hearing as ordered, he can renew his Fifth Amendment claim in a subsequent complaint.
For the reasons given, Chavez's Petition for Writ of Habeas Corpus (Doc. 1) is GRANTED IN PART AND DENIED IN PART. The Court orders Defendants to provide Chavez with the statutory process required under § 1226, which includes a bond hearing. All other relief is DENIED. The Clerk is directed to terminate any pending motions and deadlines and close the case. [fn 2]
ORDERED in Fort Myers, Florida on December 15, 2025.
Kyle C. Dudek United States District Judge
[fn 1]: Unless otherwise indicated, all internal quotation marks, citations, case history, and alterations have been omitted in this and later citations.
[fn 2]: The Court is aware of a pending California case that certified a class action of aliens who, like Chavez, are in immigration detention and being denied access to a bond hearing. See Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, 2025 WL 3288403 (C.D. Cal. Nov. 25, 2025). But no final judgment has been issued in Bautista to bind the parties here. And the Court finds no prudential reason to dismiss or stay this case in the meantime because Chavez will seemingly need to return to this jurisdiction to obtain the habeas relief sought. See, e.g., Alli v. Decker, 650 F. 3d 1007, 1015 (3d Cir. 2011); J.E.F.M. v. Holder, 107 F. Supp. 3d 1119, 1144 (W.D. Wash. 2015).