In Hernandez Alvarez v. Warden, the Eleventh Circuit affirmed habeas relief for two Mexican fathers — living in the U.S. since 2019 and 2015 — who were arrested at Florida traffic stops and held under § 1225(b)(2)(A) with no bond hearing.
The court rejected the government's reading. Holding: § 1226(a), not § 1225(b)(2)(A), governs the detention of unadmitted noncitizens already living inside the U.S. That means an individualized bond hearing before an immigration judge — flight risk, danger, family ties, all on the record.
The 11th Circuit now joins the 2d, 5th, 7th, and 8th Circuits. This is binding precedent in Florida, Georgia, and Alabama.
If a loved one was arrested by ICE at a traffic stop, at work, or at home — and an immigration judge said no bond hearing was available — the law just changed.
The tool is a habeas corpus petition under 28 U.S.C. § 2241. In the right federal court, it can move in days, not months.
I came to this country as an immigrant. I know what it costs a family when one parent is locked up. At American Dream Law Office, we file these petitions, we know the courts, and we fight.
Schedule a consultation today at americandreamlawoffice.com. We serve detained immigrants across Florida from our office in Temple Terrace.