Unreported / Non-Citable
Background
Petitioner Akeem Anthony Graham, a citizen of Jamaica, entered the United States on a B-1/B-2 tourist visa on December 24, 2020, and married a U.S. citizen on June 21, 2021. Between 2022 and 2024, he was arrested seven times on charges including battery, theft, resisting arrest, and drug possession. ICE was notified of several early arrests but declined to act until after his July 25, 2023 arrest, when it took him into custody and initiated removal proceedings. On August 4, 2023, immigration authorities released Graham on his own recognizance.
Fifteen months later, following a November 7, 2024 arrest for resisting arrest and drug possession, he was transferred to ICE custody. An Immigration Judge ordered him removed to Jamaica on April 17, 2025; the BIA remanded for further proceedings, and the IJ again ordered removal on October 29, 2025. That appeal remains pending. Graham has been detained for over twenty-three months without a bond hearing to assess flight risk or danger to the community.
The Court’s Holding
The Court granted the petition for writ of habeas corpus in part, ordering the Government to provide Graham with a prompt bond hearing before a neutral immigration judge pursuant to 8 U.S.C. § 1226(a) within fourteen days. The Court declined to order immediate release, distinguishing cases where the Government failed to follow initial detention procedures or re-detained an individual without showing changed circumstances.
Here, Graham did not challenge the lawfulness of his initial detention under § 1226(a), and the record suggested he may have violated the conditions of his prior release, making revocation appropriate. The Court found no evidence that the immigration court is incapable of providing a fair hearing, though it noted that if the IJ acts improperly, release or a renewed hearing may be warranted.
Key Takeaways
- Prolonged immigration detention without a bond hearing violates due process when the detainee has not received an individualized determination of flight risk or danger.
- A habeas petition may be construed as a request for a bond hearing, obviating the need to exhaust administrative remedies when the Government concedes the availability of such a hearing.
- Immediate release is not required where the initial detention was lawful and re-detention followed a potential violation of prior release conditions, even if the detention has lasted over twenty-three months.
- The Court ordered a bond hearing within 14 days before a neutral IJ, with the right to counsel and the option to reschedule at the petitioner's request.
- The decision preserves the possibility of future release if the immigration judge acts improperly at the bond hearing.
Why It Matters
This decision reinforces the constitutional requirement that prolonged civil immigration detention under 8 U.S.C. § 1226(a) must be accompanied by a timely, individualized bond hearing before a neutral decisionmaker. It clarifies that while immediate release is warranted when the Government fails to follow statutory detention procedures or re-detains without justification, a prompt bond hearing is the appropriate remedy where the initial detention was lawful and re-detention may be justified by changed circumstances. The ruling aligns with due process principles articulated in Zadvydas v.
Davis and Jennings v. Rodriguez, ensuring that detention does not become punitive in the absence of a risk determination. The order also preserves a narrower remedy: if the immigration judge later acts improperly, the detainee may seek release or a renewed hearing based on that developed record.