Unreported / Non-Citable
Background
Petitioner Frisnet Polince, a citizen of Haiti, entered the United States at an unknown date and had no prior involvement with immigration authorities before his most recent detention. On or around January 16, 2026, ICE was notified that Polince was being held at the Orange County Jail in Florida following an arrest for aggravated assault with a deadly weapon. The charges against him were dropped in May 2026, and he was transferred to ICE custody on May 22, 2026.
On that same day, Polince was served with an administrative warrant for his arrest and a Notice to Appear, charging him as inadmissible under INA §§ 212(a)(6)(A)(i) and (a)(7)(A)(i)(I) and placing him in removal proceedings. On August 8, 2026, he was served with a Notice of Custody Determination providing the opportunity to request that an immigration judge review his custody, though neither party indicated whether he had appeared before an immigration judge as of the date of the order.
The Court’s Holding
Both parties agreed that Polince's detention is controlled by 8 U.S.C. § 1226(a), under which he is entitled to a custody redetermination hearing, and respondents did not oppose providing such a hearing. The court found that Polince had not presented any facts or arguments to support a finding that he is entitled to immediate release, concluding that a prompt bond hearing is the proper remedy. The court cited prior decisions from the Eastern District of California, including Anderson O.H.G. v. Johnson and Lopez-Perez v. Johnson, supporting this approach.
Accordingly, the court granted the petition in part and ordered respondents to arrange a bond hearing for Polince before a neutral immigration judge pursuant to 8 U.S.C. § 1226(a) and its implementing regulations within fourteen days of the order. At the hearing, Polince's eligibility for bond must be considered, he shall be allowed to have counsel present, and the hearing may be rescheduled to a later date at his request. The clerk was directed to close the case and enter judgment for petitioner.
Key Takeaways
- The court granted a habeas corpus petition in part, ordering a bond hearing within 14 days for an immigration detainee held under 8 U.S.C. § 1226(a).
- Both parties agreed the petitioner's detention fell under § 1226(a) rather than mandatory detention provisions, entitling him to a custody redetermination hearing.
- The petitioner did not argue for immediate release, and the court found no factual basis to order release, making a bond hearing the appropriate remedy.
- The order requires a neutral immigration judge to consider bond eligibility, with the petitioner allowed to have counsel present.
- The court relied on prior Eastern District of California precedent granting similar relief in functionally identical cases.
Why It Matters
This order reinforces the procedural right of non-citizens detained under 8 U.S.C. § 1226(a) to a timely bond hearing before a neutral immigration judge, consistent with due process requirements. The decision follows a pattern in the Eastern District of California of granting habeas relief to secure bond hearings for detainees whose custody determinations have been delayed, even when the government does not oppose the hearing.
The ruling underscores that prolonged detention without a bond hearing under § 1226(a) is impermissible, and that the proper judicial remedy is to compel the executive branch to conduct the hearing rather than order release absent specific factual showings.