Unreported / Non-Citable
Background
Petitioner Rakesh Singh, a native and citizen of India, entered the United States without inspection on or about June 7, 2022. After brief detention by the Department of Homeland Security (DHS), he was released on bond pending removal proceedings and has a pending asylum application. Singh asserts he complied with all conditions of his discretionary release since June 2022. On July 17, 2026, ICE officers arrested Singh in the parking lot of his apartment complex without providing a citation, warrant, or explanation for the legal basis of the stop or detention. Singh contends DHS never notified him of any release violations or potential revocation before his detention, despite allowing him to remain at liberty for nearly three years following his 2023 arrest and 2025 conviction for hit-and-run driving resulting in injury.
Singh filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 on July 20, 2026, challenging the legality of his detention at the Adelanto Detention Center (Desert View Facility). He argued that Respondents violated the Fifth Amendment's Due Process Clause by revoking his liberty without notice, an individualized custody determination, or any opportunity to be heard regarding danger or flight risk. Respondents filed an Answer contending Singh's recent arrests violated his release conditions, but they did not oppose an order requiring a bond hearing. Critically, Respondents conceded that Singh is a member of the Bond Eligible Class certified in Maldonado Bautista v. Santacruz, No. 5:25-CV-1873-SSS-BFM (C.D. Cal. Nov. 25, 2025), and that he has a constitutional right to be heard as to whether his detention is warranted.
The Court’s Holding
The Court found it has subject matter jurisdiction under 28 U.S.C. § 2241, which makes the writ available to all persons in custody in violation of the Constitution or laws of the United States. The Court rejected any jurisdictional bar under 8 U.S.C. § 1252(g), citing Ninth Circuit precedent that § 2241 remains an available forum for statutory and constitutional challenges to detention. On the merits, the Court held that the Fifth Amendment protects all persons in the United States, including noncitizens in removal proceedings, from deprivation of liberty without due process of law, and that freedom from physical restraint lies at the core of this protection.
The Court agreed with Petitioner that due process principles prohibit Respondents from detaining him without providing the requisite pre-deprivation process. Because Respondents conceded Singh's membership in the Bond Eligible Class certified in Maldonado Bautista and that his claims are subject to that judgment, the Court found Singh entitled to an individualized bond hearing based on the class certification and for the reasons stated in the Maldonado Bautista orders. The Court granted the Petition, issued a writ of habeas corpus, and ordered Respondents to provide Singh with an individualized bond hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a) within 7 days, or release him immediately. The parties must file a joint status report within 7 days confirming compliance, and Petitioner must receive at least 3 days' notice prior to any removal from the jurisdiction.
Key Takeaways
- The Court granted habeas relief where ICE detained a noncitizen without notice, a warrant, or an individualized custody determination after nearly three years of liberty.
- Respondents' concession that Petitioner belongs to the Maldonado Bautista Bond Eligible Class was dispositive for the right to a bond hearing.
- The Fifth Amendment requires an individualized bond hearing before an immigration judge under 8 U.S.C. § 1226(a) before continued detention, even where release conditions may have been violated.
- The Court ordered immediate release or a bond hearing within 7 days, with a joint status report due within the same period.
- Jurisdiction under 28 U.S.C. § 2241 was proper for constitutional challenges to immigration detention, notwithstanding 8 U.S.C. § 1252(g).
Why It Matters
This decision reinforces the due process rights of noncitizens in removal proceedings who have been released on bond, holding that the government cannot revoke liberty and re-detain without notice and an individualized hearing on danger and flight risk. By relying on the Maldonado Bautista class certification, the ruling extends class-wide procedural protections to individual class members, requiring immigration judges to conduct bond hearings under § 1226(a) rather than allowing prolonged detention based solely on alleged release violations. The order's strict 7-day timeline for the bond hearing or release underscores the judiciary's role in enforcing constitutional limits on executive detention authority.