E.G.N. v. Warden, Stewart Detention Center - Habeas Corpus
Summary
The U.S. District Court for the Middle District of Georgia issued an order in E.G.N. v. Warden, Stewart Detention Center, applying principles from prior cases to grant a petitioner seeking habeas corpus relief under 28 U.S.C. § 2241. The court ordered respondents to provide the petitioner with a bond hearing.
What changed
This court document, an order in the case E.G.N. v. Warden, Stewart Detention Center, addresses a petition for habeas corpus relief under 28 U.S.C. § 2241. The court references prior rulings in similar cases (J.A.M. v. Streeval and P.R.S. v. Streeval) which established that for noncitizens unlawfully present and arrested without inspection, immigration officers or judges have discretion to grant release on bond under 8 U.S.C. § 1226(a), unless statutory exceptions apply, and that mandatory detention under 8 U.S.C. § 1225(b)(2) is not authorized in such circumstances. The court applies this rationale to the current case.
As a result, the court has ordered the respondents to provide the petitioner with a bond hearing to determine eligibility for release on bond. This action directly impacts immigration detainees and the government agencies responsible for their detention and processing, requiring them to conduct bond hearings in accordance with the court's order and established legal precedent. Failure to comply could lead to further legal action.
What to do next
- Review prior rulings in J.A.M. v. Streeval and P.R.S. v. Streeval for precedent on bond hearings for unlawfully present noncitizens.
- Ensure bond hearings are provided to petitioners seeking habeas corpus relief under 28 U.S.C. § 2241 when applicable.
- Comply with court orders regarding bond determinations for immigration detainees.
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Jan. 28, 2026 Get Citation Alerts Download PDF Add Note
E.G.N. v. Warden, Stewart Detention Center, et al.
District Court, M.D. Georgia
- Citations: None known
- Docket Number: 4:26-cv-00154
Precedential Status: Unknown Status
Trial Court Document
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
E.G.N., *
Petitioner, *
vs. *
CASE NO. 4:26-cv-154-CDL-CHW
WARDEN, STEWART DETENTION *
CENTER, et al.,
*
Respondents.
*
O R D E R
The Court received Petitioner’s application for habeas corpus
relief under 28 U.S.C. § 2241. Pet. (Jan. 27, 2026), ECF No. 1.
The Court may apply Rule 4 of the Rules Governing § 2254 cases in
this action. SECT 2254 Rule 1(b) (“The district court may apply
any or all of these rules to a habeas corpus petition not covered
by Rule 1(a) [which addresses petitions under 28 U.S.C. § 2254 ].”).
Under Rule 4, if a petition is not dismissed on preliminary review,
then “the judge must order the respondent to file an answer,
motion, or other response within a fixed time, or to take other
action the judge may order.” SECT 2254 Rule 4. Applying Rule 4,
the Court issues the following order.
This case appears to involve the same issues raised in J.A.M.
v. Streeval, No. 4:25-CV-342-CDL, 2025 WL 3050094 (M.D. Ga. Nov.
1, 2025) and P.R.S. v. Streeval, No. 4:25-cv-330-CDL, 2025 WL
3269947 (M.D. Ga. Nov. 24, 2025). In those cases, the Court
concluded that for noncitizens “who are found in the
country unlawfully and are arrested” without having been inspected
by an examining immigration officer, then “an immigration officer
or immigration judge has the discretion” under 8 U.S.C. § 1226 (a)
to grant them release on bond unless a statutory exception applies
under 8 U.S.C. § 1226 (c). J.A.M., 2025 WL 3050094, at 3; P.R.S., 2025 WL 3269947, at *1-2. Mandatory detention under 8 U.S.C.
§ 1225 (b)(2) “is not authorized” in such cases. P.R.S., 2025 WL
3269947, at *2.
Based upon the rationale of J.A.M. and P.R.S., Respondents in
this action are hereby ORDERED to provide Petitioner with a bond
hearing to determine if Petitioner may be released on bond under
§ 1226(a)(2) and the applicable regulations. Respondents shall
provide this bond hearing within seven days of today’s order. Once
a bond hearing is provided, Petitioner will have received the
remedy that the Court is authorized to order, and Petitioner should
file a notice of dismissal. If Respondents seek relief from this
order, they should file an appropriate motion demonstrating why
the Court’s prior rulings in J.A.M. and P.R.S. do not control the
result in this case.
IT IS SO ORDERED, this 28th day of January, 2026.
s/Clay D. Land
CLAY D. LAND
U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA
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