Filed Date: Sept. 29, 2025
Case Ongoing
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This case challenges the U.S. Department of Homeland Security's (DHS) recent policy shift in applying mandatory detention to noncitizens who have long resided in the United States.
The suit was brought by eight citizens of Mexico, Venezuela, Nicaragua, and Guatemala, and most had resided in the U.S. for years, in some cases decades, before being apprehended by ICE or Border Patrol during routine encounters such as traffic stops. Each Petitioner was placed in removal proceedings and charged as inadmissible for entering without inspection. When they requested a bond hearing, the Immigration Judge (IJ) denied them, asserting a lack of jurisdiction based on the mandatory detention provision 8 U.S.C. § 1225(b)(2)(A). The Petitioners were detained without an individualized assessment of their risk of flight or dangerousness.
On September 29, 2025, the Petitioners filed this Petition for Writ of Habeas Corpus in the U.S. District Court for the Eastern District of Michigan. The suit names Kevin Raycraft (Acting Field Director of ICE ERO), among others, as a Respondent (all but Raycraft were later dismissed). Petitioners alleged their detention violates the Immigration and Nationality Act (INA) and the Fifth Amendment Due Process Clause. They argued that the proper framework is 8 U.S.C. § 1226(a) (discretionary detention with bond eligibility), which applies to "apprehension and detention of aliens," rather than the mandatory detention provision of § 1225(b)(2)(A), which applies to "applicants for admission" at the border.
On October 17, the Court granted the Writ of Habeas Corpus. The Court held that 8 U.S.C. § 1226(a) is the appropriate statutory framework for non-citizens who have resided in the country for years and are apprehended within the interior of the United States. The Court explicitly rejected the Government's application of § 1225(b)(2)(A), finding that Petitioners who have resided in the country for years are not actively "seeking admission". The Court further ruled that the Petitioners' continued detention without an individualized custody redetermination (a bond hearing) violates their Fifth Amendment Due Process rights. (2025 WL 2952796)
The Court ordered the Respondents to either immediately release the Petitioners or, in the alternative, provide them with a bond hearing under 8 U.S.C. § 1226(a) within seven (7) days of the Order's date. The Respondents were also enjoined from pursuing detention on the basis of 8 U.S.C. § 1225(b)(2)(A).
On Oct. 28, the government appealed to the U.S. Court of Appeals for the Sixth Circuit.
The case is ongoing.
Summary Authors
Muhammad Hammad Amin (11/16/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71492965/parties/contreras-cervantes-v-immigration-and-customs-enforcement-acting-director/
Michelson, Laurie Jill (Michigan)
Attorney, Zak Toomey,
Aukerman, Miriam J. (Michigan)
Kitaba, Bonsitu Asia
See docket on RECAP: https://www.courtlistener.com/docket/71492965/contreras-cervantes-v-immigration-and-customs-enforcement-acting-director/
Last updated Dec. 26, 2025, 12:47 a.m.
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: Sept. 29, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The Plaintiffs were detainees at the either North Lake Processing Center, Monroe County Jail, or the Corrections Center of Northwest Ohio .
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Constitutional Clause(s):
Other Dockets:
Eastern District of Michigan 2:25-cv-13073
U.S. Court of Appeals for the Sixth Circuit 25-01978
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Immigration/Border:
Jails, Prisons, Detention Centers, and Other Institutions: