Hernandez v. Woosley Habeas Granted, W.D. Ky.
Summary
The U.S. District Court for the Western District of Kentucky granted Juana Yolanda Geronimo Hernandez's petition for a writ of habeas corpus on April 22, 2026, holding that Section 1226 of the Immigration and Nationality Act applies to her detention rather than Section 1225. The court rejected the government's position, consistent with DHS interim guidance from July 8, 2025, that non-citizens present without admission are subject to mandatory detention under Section 1225. This ruling aligns with prior decisions in Edahi v. Lewis and Vicen v. Lewis from the same district, establishing that non-citizens in removal proceedings who entered without inspection retain the right to seek bond hearings under Section 1226.
“For the reasons below, GRANTS the Petition for a Writ of Habeas Corpus.”
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What changed
The court granted the petition for writ of habeas corpus, finding that Section 1226 governs the petitioner's detention status. The petitioner, a Guatemalan national who entered the U.S. without inspection in 2005, was detained by ICE at Grayson County Detention Center and placed in removal proceedings under 8 U.S.C. § 1229a. The government argued that under DHS interim guidance, mandatory detention under Section 1225 applied, but the court followed its prior holdings that Section 1226 applies to non-admitted non-citizens in removal proceedings.
For similarly situated non-citizens detained under Section 1225 following the July 2025 DHS guidance, this ruling provides additional support for challenging detention through habeas corpus and seeking bond hearings before an immigration judge. The W.D. Kentucky has now issued at least three consistent rulings on this issue, signaling a clear circuit split with district courts that have adopted the government's position.
What to do next
- ICE must comply with the court's order granting habeas corpus relief
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April 22, 2026 Get Citation Alerts Download PDF Add Note
Juana Yolanda Geronimo Hernandez v. Jason Woosley, et al.
District Court, W.D. Kentucky
- Citations: None known
- Docket Number: 4:26-cv-00258
Precedential Status: Unknown Status
Trial Court Document
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
OWENSBORO DIVISION
JUANA YOLANDA GERONIMO HERNANDEZ, Petitioner,
v. Civil Action No. 4:26-cv-258-RGJ
JASON WOOSLEY, et al.,
Respondents.
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Petitioner Juana Yolanda Geronimo Hernandez’s Writ
of Habeas Corpus. [DE 1]. Respondents responded on April 20, 2026. [DE 10]. Petitioner replied
on April 20, 2026. [DE 11]. The parties agree no evidentiary hearing is necessary. [DE 8; DE 9].
This matter is ripe for adjudication. For the reasons below, GRANTS the Petition for a Writ of
Habeas Corpus. [DE 1].
I. Background
Petitioner Juana Yolanda Geronimo Hernandez (“Hernandez”) is a 38-year-old native and
citizen of Guatemala. [DE 10-1 at 62]. Hernandez has been present in the United States since 2005.
[DE 1 at 15]. Hernandez entered the United States without inspection. [Id; DE 10 at 57].1
Hernandez has been living in Indiana with her husband since her arrival. [DE 1 at 15].
Hernandez has been in detention since April 14, 2026. [DE 1 at 15]. On April 13, 2026,
Hernandez sought assistance from local police to address a “squatter situation” at her home. [Id.
at 1-2]. Instead, upon arrival, local police contacted Enforcement and Removal Operations
(“ERO”) in Chicago. [DE 10-1 at 63]. ERO determined the legal status of Hernandez and her
husband, and issued a Warrant for Arrest. [Id.]. Local police arrested Hernandez and her husband
and transported them to Clay County, Indiana. [Id.]. The next day, local police transferred custody
of Hernandez to Immigration and Customs Enforcement (“ICE”) and ICE provided Hernandez
with an I-200 Warrant for Arrest. [Id.]. Upon taking custody of Hernandez, ICE transported her to
Grayson County Detention Center in the Western District of Kentucky. [Id.].
On the same day as her detention, ICE issued a Notice to Appear Form I-862. [DE 10-1 at
67]. The Notice to Appear marked Hernandez as an “alien present in the United States who has
not been admitted or paroled” not an “arriving alien.” [Id.]. Hernandez is currently in removal
proceedings pursuant to 8 U.S.C. § 1229a. [DE 1 at 2].
ICE contends that based on interim guidance from DHS, issued July 8, 2025, titled “Interim
Guidance Regarding Detention Authority for Applicants for Admission,” only those noncitizens
who have already been admitted into the United States are eligible to be released during removal
proceedings and all other noncitizens are subject to mandatory detention, under 8 U.S.C. § 1225 (“Section 1225”), not Section 1226. [DE 1 at 11-12]. This is a reversal of longstanding policy.
[Id.].
Hernandez asserts that the United States illegally detained her under Section 1225 instead
of Section 1226 in violation of the INA. [Id. at 16-17]. And that this prolonged detention is in
violation of her Due Process Rights under the Fifth Amendment. [Id.]. Therefore, Hernandez seeks
release from her detention, or in the alternative, to hold a bond hearing before a neutral IJ to
determine whether she should remain in custody. [Id.].
In response, the United States “rel[ies] on and incorporate[s] by reference the legal
arguments from the briefs the government filed with the Sixth Circuit Court of Appeals in the four
§§ 1225-1226 appeals.” [DE 10 at 58-59]. Those cases are Lopez-Campos v. Raycraft, Case No.
25-1965 (6th Cir. Oct. 27, 2025); Alvarez v. Noem, Case No. 25-1969 (6th Cir. Oct. 27, 2025);
Contreras-Cervantes v. Raycraft, Case No. 25-1978 (6th Cir. Oct. 28, 2025); Pizarro Reyes v.
Raycraft, Case No. 25-1982 (6th Cir. Oct. 29, 2025). The United States concedes that the “relevant
facts in all four matters on appeal” are “similar to the relevant facts in this matter” and the only
“relevant legal question” is whether the Petitioner is detained under Section 1225(b)(2)(A) or
Section 1226. [DE 10 at 58].
II. DISCUSSION2
A. Section 1225(b)(2) vs. Section 1226
While the relevant facts are undisputed by the parties, the United States argues Section
1225 applies to Hernandez’s detention, not Section 1226. The United States acknowledges that the
Court has previously ruled on the substantive question regarding § 1225 mandatory detention, [DE
10 57-58], and, that the only relevant legal question is whether Hernandez is “detained under 8
U.S.C. § 1225 or § 1226?” [Id.]. As both parties acknowledge that the Court has previously ruled
on this substantive issue, which is the only “relevant legal question,” the Court incorporates by
reference its reasoning in Edahi v. Lewis, 2025 WL 3466682, at 5-13 (W.D. Ky. Nov. 27, 2025)
and Vicen v. Lewis, 2026 WL 541171, 2–9 (W.D. Ky. Feb. 26, 2026), holding that Section 1226
applies to the Petitioner based on the facts set forth above.
i. Related Case Law
The United States incorporated brief cites to several nonbinding district courts, and one
BIA decision, to support their interpretation.3 However, the Court is not persuaded by these
2 Neither party asserted any jurisdiction-related arguments. However, the Court has analyzed jurisdiction
of remedies in similar circumstances, such as Edahi, 2025 WL 3466682, at 2-3 and incorporates its
reasoning into this opinion. Neither party asserted any exhaustion-related arguments and no applicable
statute or rule mandates exhaustion. However, because many decisions in similar cases by district courts
within the Sixth Circuit discuss this principal, the Court incorporates its analysis on exhaustion of remedies
from a previous case, Edahi, 2025 WL 3466682, at *3, and the Court waives the exhaustion requirement
for the same reasons.
3 None of the cases cited by the United States are controlling authority within the Sixth Circuit. Further, the
BIA is neither binding, nor should be viewed as persuasive authority, on any district court. See Loper Bright
Enter., 603 U.S. at 413 (“courts. . . may not defer to an agency interpretation of the law simply because a
decisions for the reasons previously explained in Edahi, 2025 WL 3466682, at *9–13 and Vicen 2026 WL 541171, at 2–9, incorporated here by reference.
For the reasons above and incorporated, Hernandez, who has been present in the United
States approximately twenty-one years, is not “seeking admission” into the United States. Section
1226, not Section 1225(b)(2), applies to her detention.
B. Lawfulness of Current Detention
As stated, Hernandez is detained under Section 1226. The United States contends that
because Hernandez is properly detained under Section 1225(b)(2), not Section 1226, and she has
not been deprived of any due process. [DE 10 at 58-60]. Otherwise, the United States does not
respond to Hernandez’s alleged violation of due process. Because the Court found that
Hernandez’s detention is guided by Section 1226, the Court must determine whether the continued
detention pursuant to Section 1226 is in violation of her Due Process.
The Due Process Clause extends to all persons regardless of status. A.A.R.P. v. Trump, 605
U.S. 91, 94 (2025). This includes non-citizens. Id. To determine whether a civil detention violates
a detainee’s due process rights, courts apply the three-part balancing test set forth in Mathews v.
Eldridge, 424 U.S. 319 (1976). The Court must weigh: (1) the private interest that will be affected
by the official action; (2) the risk of an erroneous deprivation of such interest through the
procedures used, and the probable value, if any, of additional or substitute procedural safeguards;
and (3) the United States’ interest, including the function involved and the fiscal and administrative
burdens that the additional or substitute procedural requirement would entail. Id. at 335. The
United States does not address the merits of her Due Process claim, but instead focuses solely on
the legal argument of Section 1225(b)(2) versus Section 1226 as referenced above.
1. Private Interest
It is undisputed Hernandez has a significant private interest in not being detained. One of
the “most elemental of liberty interests” is to be free from detention. Hamdi v. Rumsfeld, 542 U.S.
507, 529 (2004). “Freedom from imprisonment—from government custody, detention, or other
forms of physical restraint—lies at the heart of the very liberty that [the Due Process Clause]
protects.” Zadvydas v. Davis, 533 U.S. 678, 690 (2001). Courts can also consider the detainee’s
condition of confinement. Martinez v. Noem, 2025 WL 2598379, at *2 (W.D. Tex. Sep. 8, 2025).
This is to determine if the conditions are indistinguishable from criminal incarceration. Id. Hernandez is being detained at Grayson County Jail. [DE 1 at 4].
Prior to detainment, Hernandez has resided in Indiana. [DE 10-1 at 62]. But because of her
detention, she is separated from her community and family, including her husband. [DE 1 at 18-
19]. The detention is thus making it difficult for Hernandez to participate in her community, work,
and care for others. [Id.]. As a result, the first Matthews factor favors Hernandez’s position.
2. Risk of Error
The second factor concerns the risk of the erroneous deprivation of Hernandez’s liberty. A
re-detention, without any individualized assessment, leads to a high risk of erroneous deprivation
of an individual’s liberty interest. Munoz Materano, 2025 WL 2630826, at *15 (holding that “re-
detention without any individualized assessment” establishes a “high risk of erroneous
deprivation” of a protected liberty interest). As of today, Hernandez has not had a merits bond
hearing, with counsel and evidence. Munoz Materano, 2025 WL 2630826, at *15 (holding that
Due process requires at a minimum the opportunity for the petitioner to submit evidence and be
heard). Respondents have not demonstrated that Hernandez is a flight risk or a danger to the
community, nor is it likely they can. [DE 1 at 9]. She has no criminal or civil record. [Id.].
Therefore, it would appear to the Court the only material change within the past year, with respect
to Hernandez, is the United States’ interpretation of Section 1225 and Section 1226. Thus, because
of a high, if not already evident, risk of erroneous deprivation of Hernandez’s liberty interest, the
second Matthews factor favors Hernandez.
3. United States’ Interest
The final Matthews factor concerns the Unites States’ interest in the procedure, as well as
any financial or administrative burdens associated with permissible alternatives. Matthews, 424
U.S. at 335. The Court recognizes that the United States does have a strong interest in ensuring
noncitizens do not harm their community and that they appear for future immigration proceedings.
Sampiao, 2025 WL 2607924, at *12. However, a “routine bond hearing” before an IJ presently
“minimal” burdens to the United States.” Hyppolite v. Noem, 2025 WL 2829511, at *15 (E.D.
N.Y. Oct. 6, 2025). These procedures are also already in place. Id. Therefore, “existing statutory
and regulatory safeguards adequately serve the governmental interest in promoting public safety.”
Günaydin v. Trump, 2025 WL 1459154, at *10 (D. Minn. May 21, 2025). Because of that, the
Court finds that the third Matthews factor also favors Hernandez.
Therefore, the Court finds that all three Matthews factors favor Hernandez. The current
detention of Hernandez is in violation of the Due Process Clause and the INA.
III. Remedy
Numerous courts across the country have ordered the release of individuals stemming from
ICE’s illegal detention. Patel, 2025 WL 2823607, at *6; Beltran Barrera, 2025 WL 2690565, at
*7; Roble v. Bondi, 2025 WL 2443453, at *5 (D. Minn. Aug. 25, 2025) (ordering petitioner’s
“release from custody as a remedy for ICE’s illegal re-detention”). The Supreme Court has also
recognized that “Habeas has traditionally been a means to secure release from unlawful detention.”
Thuraissigiam, 591 U.S. at 107 (emphasis in original). This Court is releasing Hernandez because
of the “unlawful detention” by ICE and the United States for the reasons stated above. Hernandez
is not being released because she is detained pursuant to Section 1226. But instead, the Court is
ordering her release because of the United States’ illegal actions it undertook in Hernandez’s
detention. Hyppolite, 2025 WL 2829511 *16 (holding that the United States cannot “detain
[Petitioner] without first conducting a hearing before an IJ” because of the unlawful detention of
Petitioner).
As a result of her release stemming from the “unlawful detention” in violation of her due
process rights, and further pursuant to Section 1226 and its supporting regulations, Petitioner must
be provided with a bond hearing on the merits before a neutral IJ prior to any re-detention. See 8 C.F.R. §§ 1236.1 (c)(8), (d)(1). The IJ may consider the non-exhaustive list of factors set out in
Matter of Guerra 24 I. & N. 37, 40 (BIA 2006). Courts across the country have routinely held this
procedure proper. Alonso, 2025 WL 3083920, at *9; Lopez-Campos, F.Supp. 3d at 785-86; Mboup
v. Field Office Director of N.J., 2025 WL 3062791, at *2 (D.N.J. Nov. 3, 2025); Espinoza, 2025
WL 2675785, at *11; Ramirez Clavijo, 2025 WL 2419263, at *6; Munoz Materano, 2025 WL
2630826, at *20.
Hernandez’s procedural due process rights are not violated by the fact she is detained.
“Rather, [Petitioner’s rights] are violated because she has been detained without a hearing that
accords with due process.” Lopez-Arevelo v. Ripa, 2025 WL 2691828, *12 (W.D. Tex. Sep. 22,
2025) (citing to Black v. Decker, 103 F.4th 133, 149-150 (2d Cir. 2024)). Therefore, “the proper
remedy” is the “full process due under [Section 1226] which includes a bond hearing before an
[IJ].” Maldanado, 2025 WL 2968042, at *9-10; Morales-Martinez v. Raycraft, 2025 WL 3124695,
at *7 (E.D. Mich. Nov. 7, 2025) (holding that because Petitioner had been detained “without a . . .
hearing, he is in federal custody in violation of federal law.”)
Because Hernandez is being detained pursuant to Section 1226, relevant regulations entitle
her to a neutral bond hearing. See 8 C.F.R. §§ 1236.1 (c)(8), (d)(1). Therefore, to afford Hernandez
with the “full [due] process” under Section 1226, the United States must provide Hernandez with
a neutral bond hearing before an IJ. Maldanado, 2025 WL 2968042, at *9-10.
VI. Conclusion
For the reasons stated above, the United States has violated Hernandez’s due process rights.
The Court GRANTS Hernandez’s Petition for Writ of Habeas Corpus [DE 1] and orders the
following:
I. The United States is directed to release Petitioner Hernandez immediately because
of the unlawful detention in violation of her due process rights.
II. The United States must provide her with a bond hearing before a neutral IJ pursuant
to Section 1226.
IH. The United States must certify compliance with the Court’s order by a filing on the
docket by April 23, 2026.
United States District Court
April 22, 2026
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