Court rejects government’s claim of mandatory detention, citing due process and recent precedent
NEWARK, NJ – A federal judge in New Jersey has ruled that a Guinean man detained by U.S. Immigration and Customs Enforcement (ICE) must receive an individualized bond hearing, finding that his prolonged detention without one violates federal law and due process.
U.S. District Judge Brian R. Martinotti issued the ruling in the case of Aboubacar Barry, who has been held by ICE since October 2025 after entering the country without inspection earlier that year. Barry filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241, challenging the legality of his continued detention without bond.
Key Points
- Judge Brian Martinotti ruled ICE must give detainee Aboubacar Barry a bond hearing
- Barry has been held since October 2025 under a disputed “mandatory detention” rule
- Court said the government misapplied immigration law meant for those seeking admission at the border
Court rejects “mandatory detention” interpretation
Federal attorneys argued that Barry’s detention fell under 8 U.S.C. § 1225(b)(2), which allows mandatory detention for certain noncitizens “seeking admission” to the United States. But Judge Martinotti disagreed, citing a growing number of federal decisions rejecting that view.
The judge pointed to his court’s prior ruling in Sandhu v. Tsoukaris (2025), which found that ICE’s new interpretation of § 1225 improperly extended mandatory detention to people arrested within the U.S. interior. The court reaffirmed that such detainees fall under § 1226(a) — the law granting the government discretion to release individuals on bond or parole pending immigration proceedings.
National trend against expanded ICE detention powers
Judge Martinotti’s opinion aligns with several other courts across the country that have struck down ICE’s reliance on § 1225(b)(2) for interior arrests. The ruling also cited the 2024 Supreme Court decision Loper Bright Enterprises v. Raimondo, which limited agency deference in statutory interpretation, emphasizing the judiciary’s role in determining the scope of federal laws.
The decision orders ICE to provide Barry a bond hearing, ensuring his right to due process after more than four months of detention without review.
Tags: immigration, ICE, New Jersey