Court rejects government’s reliance on new BIA policy expanding mandatory detention under immigration law
NEWARK, NJ – A federal judge has ruled that Manuel Antonio Servellon Duron, a Honduran national held by U.S. Immigration and Customs Enforcement (ICE) since January, is entitled to an individualized bond hearing, finding his detention under 8 U.S.C. § 1225(b)(2) was unlawful.
Key Points
- Judge Brian R. Martinotti granted habeas relief to Manuel Servellon Duron, a Honduran citizen detained without bond.
- The court ruled ICE’s reliance on Matter of Yajure Hurtado improperly expanded mandatory detention.
- The judge found Servellon Duron’s custody should fall under § 1226(a), allowing for a bond hearing.
Detained without bond after ICE arrest
Servellon Duron was arrested by ICE agents on January 28, 2026, after entering the United States without inspection. He has remained in custody since, without being granted an individualized bond hearing. In his 28 U.S.C. § 2241 petition, Servellon Duron argued that his prolonged detention violated his due process rights under the U.S. Constitution.
The government contended that he was properly held under 8 U.S.C. § 1225(b)(2), which mandates detention for certain noncitizens arriving at or near the border. The Department of Homeland Security (DHS) cited the Board of Immigration Appeals (BIA) decision in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025), which extended mandatory detention to individuals apprehended inside the U.S. after entering unlawfully.
Court rejects BIA interpretation
Judge Martinotti disagreed with the government’s argument, referencing his own prior decision in Sandhu v. Tsoukaris, Civ. No. 25-14607 (D.N.J. 2025), where the court rejected the same DHS policy. In that case, the court held that Hurtado “misconstrues the plain language of 8 U.S.C. § 1225” and unlawfully broadens the government’s power to detain noncitizens without a bond hearing.
“The line historically drawn between these two sections is that section 1225 governs detention of noncitizens ‘seeking admission into the country,’ whereas section 1226 governs detention of noncitizens ‘already in the country,’” the opinion stated, citing Jennings v. Rodriguez, 583 U.S. 281 (2018).
The court found that Servellon Duron, who was already inside the United States when arrested, falls under § 1226(a) rather than § 1225(b)(2). That distinction entitles him to a bond hearing before an immigration judge to determine whether his continued detention is necessary.
Ruling reaffirms due process protections
Judge Martinotti’s opinion emphasized that indefinite detention without an opportunity for review violates due process principles recognized in prior federal cases. The court ordered that Servellon Duron be provided with an individualized bond hearing consistent with immigration court procedures.
The decision adds to a growing list of New Jersey rulings rejecting the federal government’s expanded interpretation of mandatory immigration detention.
Tags: Newark, immigration, ICE
