'Unpersuaded': Trump-appointed judge rejects 5th Circuit ruling that allows ICE to indefinitely detain immigrants

A national justice successful Indiana was not peculiarly moved by a recent appeals tribunal ruling that signed disconnected connected the Trump administration's caller efforts to indefinitely detain immigrants surviving successful the country.

In a nine-page sentiment and order, U.S. District Judge Damon R. Leichty, who was appointed by President Donald Trump during his archetypal term, ruled successful favour of a detained migrant by granting his conditional merchandise from Immigration and Customs Enforcement (ICE) custody.

"The question contiguous is whether determination is thing unsocial present that would warrant a antithetic conclusion," the justice noted. "The tribunal tin find nary specified reason."

The underlying case mirrors a caller bid of similar cases successful which detained immigrants person won petitions for the writ of habeas corpus successful effect to a oversea alteration successful however the national authorities interprets the Immigration and Nationality Act (INA).

In July 2025, ICE issued the caller policy, instructing each agents to contradict enslaved for anyone who entered the state without "inspection," successful a memo that has since opened the floodgates of litigation.

Under the presumption of the policy, specified immigrants are to beryllium detained "for the duration of their removal proceedings" unless granted parole — a rarer signifier of release. In existent terms, however, the Trump medication had made wide specified detentions are intended to beryllium indefinite.

Over the past 8 months, successful hundreds of territory tribunal disputes, judges person considered the interplay and applicability of 2 chiseled INA statutes which outline the government's detention authority. Many judges person rephrased those statutes utilizing connection from a 2018 U.S. Supreme Court ruling penned by Justice Samuel Alito.

In short, the authorities claims ICE has the authorization to taxable immigrants to mandatory detention nether 8 U.S.C. §1225(b), which applies to "aliens seeking introduction into the United States."

Oppositely, advocates for immigrants — arsenic good arsenic most judges who person ruled connected the substance — person alternatively turned to 8 U.S.C. §1226(a), which applies to "aliens already contiguous successful the United States."

In the latest ruling, petitioner Carlos Chillogalli Puzhi "must beryllium classified" nether §1226(a), Leichty determined. That classification, the justice found, entitled him to conditional release.

Unless Chillogalli Puzhi rapidly receives a "custody redetermination earlier an migration judge" with each the applicable procedural protections, helium volition beryllium released from ICE's custody by Feb. 17.

The justice notes the bare bones basics of the case's trajectory for the Ecuadorian national primitively detained upon his accomplishment successful 2021 — noting that those basal facts informed the court's ruling, likening the litigation to 2 caller cases Leichty besides decided nether §1226(a).

"Indeed, it strikes arsenic funny that erstwhile the authorities initially encountered Mr. Chillogalli Puzhi astatine the borderline successful 2021, helium was released connected enslaved and lived successful the United States with the government's support until his re-arrest successful 2025," the sentiment goes on. "Though helium whitethorn beryllium an 'applicant for admission' wrong the meaning of § 1225(b)(2), helium cannot beryllium said to beryllium 'seeking admission' for the aforesaid reasons the tribunal articulated [in those 2 anterior cases]."

So, successful 1 way, the tribunal sees the Chillogalli Puzhi lawsuit arsenic conscionable much of the aforesaid — different migrant improperly detained nether the incorrect statute. But, successful precise important ways, the lawsuit is simply a spot different.

Late last week, a divided panel on the U.S. Court of Appeals for the 5th Circuit determined "the government's presumption is correct" erstwhile it comes to deciding which INA statute ICE tin usage — vindicating the Trump administration's plans for indefinite detention nether §1225(b).

Leichty directly, but briefly, addresses that ruling, which lone applies wrong the geographic confines of the 5th Circuit for now.

"The tribunal has work the 2-1 determination successful Buenrostro-Mendez v. Bondi, but remains unpersuaded," the justice opined.

Leichty goes connected to enactment the "default rule" for immigrants "already contiguous successful the United States" is §1226(a), which requires a enslaved hearing. Here, however, specified a proceeding was intentionally denied.

The tribunal explains, astatine length:

Mr. Chillogalli Puzhi was re-arrested successful October 2025 erstwhile helium appeared for an ICE check-in pursuant to his merchandise conditions and was removed to Ecuador portion his entreaty to the Board of Immigration Appeals was inactive pending. After his counsel raised the contented of the pending appeal, helium was subsequently brought backmost to the state by ICE connected December 2, 2025, done a parole entry. He was transferred to Miami Correctional Facility (MCF), wherever helium remains. His question for an individualized enslaved proceeding was denied by an migration justice for deficiency of jurisdiction, due to the fact that the authorities categorized him arsenic ineligible for enslaved nether 8 U.S.C. §1225(b)(2)[.]

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"Though these decisions progressive immoderate jurisdictional ping-pong arsenic helium moved locations oregon different filed his requests successful antithetic locations, it seems that astatine slightest once, if so not twice, helium was denied an individualized custody redetermination, either connected the papers oregon via a enslaved hearing, due to the fact that helium was statutorily ineligible for enslaved nether §1225(b)(2)," the tribunal goes on. "The judges were pursuing [Board of Immigration Appeals] guidance, but erroneous guidance arsenic it turns out."

Leichty stopped abbreviated of "outright release" successful the case, saying it would not beryllium a "reasonable remedy" based connected the lawsuit record.

Notably, portion territory judges person astir wholly preferred §1226(a) successful akin habeas cases, they person often divided connected whether a enslaved proceeding oregon contiguous merchandise is champion successful presumption of relief. Here, Leichty has opted for the former; successful another similar case helium opted for the latter.

"Instead, the tribunal expects the authorities to travel its procedures laid retired successful the instrumentality appreciating that Mr. Chillogalli Puzhi has been detained pursuant to a warrant issued by an migration authoritative nether §1226," the sentiment continues. "The authorities indispensable supply Mr. Chillogalli Puzhi a custody redetermination done the process afforded to him for this."