Court finds immigration officials violated federal law by holding man without bond hearing
Newark, NJ – A federal judge in the District of New Jersey has ordered the immediate release of Abner F. Martinez Amaya, a citizen of El Salvador, ruling that immigration officials unlawfully detained him without a bond hearing in violation of U.S. law.
Key Points
- Judge ruled Martinez Amaya’s detention under 8 U.S.C. §1225(b)(2) was unlawful.
- Court ordered his immediate release and barred further unlawful detentions.
- Decision aligns with nearly 300 similar federal rulings rejecting the government’s stance.
Judge rejects DHS justification for detention
According to court documents filed on February 24, 2026, Martinez Amaya was arrested by the Department of Homeland Security after living in the United States since 2001. Government attorneys argued he was properly detained under 8 U.S.C. §1225(b)(2), which allows for the detention of individuals seeking admission at the border. However, U.S. Magistrate Judge Edward S. Kiel disagreed, ruling that because Martinez Amaya was arrested within the country after residing here for years, his detention fell under 8 U.S.C. §1226, which guarantees the right to a bond hearing.
The court noted that the government’s legal position had already been rejected in prior cases, including Ayala Amaya v. Bondi and dozens of similar rulings across the country. Federal judges, the opinion stated, have “in near unanimity” concluded that detentions like Martinez Amaya’s fall under §1226 and not §1225.
Widespread judicial criticism of immigration detention practices
The judge cited approximately 300 federal cases that have rejected the Department’s interpretation of the statute, calling its repeated reliance on §1225 “blatantly unlawful.” The opinion emphasized that the government cannot retroactively justify unlawful detentions by citing new legal grounds after the fact.
Quoting prior case law, the court declared that “the Constitution does not permit the United States Government to target people on the streets, arrest them without serving any papers, deny them meaningful due process, and detain them for arbitrary or indefinite periods.”
Broader implications for immigration enforcement
The ruling adds to growing judicial resistance against federal immigration authorities’ use of §1225(b)(2) to detain long-term residents without hearings. It also underscores the federal judiciary’s insistence that due process applies equally to noncitizens residing within the United States.
Judge Kiel’s order not only mandates Martinez Amaya’s release but also enjoins the government from further unlawful detentions of similar nature, signaling a stern rebuke of what the court described as a “pattern of statutory and constitutional violations.”
Tags: immigration, federal court, New Jersey
