Perdomo-Cauro

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

WILDE ALEXANDER PERDOMO-

CAURO

Petitioner, : 3:26-cv-1159

: (JUDGE MARIANI)

V.

WARDEN, PIKE COUNTY

CORRECTIONAL FACILITY

Respondent.

MEMORANDUM OPINION

I. FACTUAL BACKGROUND

On May 1, 2026, Petitioner Wilde Alexander Perdomo-Cauro (“Petitioner”), a citizen

of Venezuela residing in the United States since December 2023, filed a pro se petition for

writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). Petitioner is detained at the

Pike County Correctional Facility within the Middle District of Pennsylvania and names as

Respondent the Warden of the Pike County Correctional Facility.

On or about December 1, 2023, Petitioner entered the United States after crossing

the Rio Grande River near Eagle Pass, Texas. (Doc. 6-2 at 3-4). Petitioner was

encountered by US Customs and Border Patrol, processed for a Notice to Appear, granted

humanitarian parole under 8 U.S.C. § 1182(d)(5), and was released into the United States

on his own recognizance on or about December 2, 2023. (/d.); (Doc. 10 at 2-3). The Notice

to Appear indicated that Petitioner was an “arriving alien” and charged him as removable

pursuant to 8 U.S.C. § 1182(a)(6){A)(i) for being present in the United States without being

admitted or paroled. (Doc. 6-7 at 3).

On February 23, 2024, Petitioner filed an application for asylum and withholding of

removal, both of which remain pending. (Doc. 6 at 4). According to Respondent, on

December 2, 2025, Petitioner failed to report to his immigration appointment “which was a

violation of the conditions of his parole/release.” (/d.). Petitioner disputes this assertion,

asserting that Respondent is falsely claiming that he failed to appear at his scheduled

check-in. (Doc. 7). After Petitioner filed his traverse, Respondent filed the declaration of

ICE Deportation Officer Ezekiel Higgins, attesting that Petitioner failed to appear for his

annual check-ins on December 2, 2024, and December 2, 2025. (Doc. 10-9, ff] 6-7). On

March 15, 2026, Petitioner was arrested by ICE in Newark, New Jersey at the ICE Field

Office and has remained detained without bond since.' (Doc. 6-7).

Petitioner claims he is being unlawfully detained by Respondent without a bond

hearing under the mandatory detention provision of the INA, 8 U.S.C. § 1225(b), instead of

the discretionary detention provision of the INA, 8 U.S.C. § 1226(a). This distinction matters

because noncitizens detained pursuant to 8 U.S.C. § 1225(b) are not entitled to a bond

hearing, whereas noncitizens detained pursuant to 8 U.S.C. § 1226(a) are entitled to a bond

1 Although Respondent does not admit as much, the DHS documents supplied indicate that

Petitioner was arrested at 970 Broad Street, 11th Floor in Newark, (Doc. 6-7 at 4), which is the address for

ICE's Newark Field Office and the Newark Immigration Court. https://www.ice.gov/field-office/newark-field-

Office (last visited May 20, 2026): https://www.justice.gov/eoir/newark-immigration-court (last visited May

26, 2026).

hearing before an Immigration Judge (“lu”). Patel v. O’Neil, 2025 WL 3516865, at “2 (M.D.

Pa. Dec. 8, 2025) (citations omitted). Petitioner further claims that his detention without a

bond hearing violates his due process rights under the Fifth Amendment to the United

States Constitution.

As directed by the Court, the Respondent filed a response to the Petition on May 6,

2026, (Doc. 6) and an amended response on May 22, 2026. (Doc. 10). The Respondent

does not dispute the factual allegations contained in the Petition. Rather, the Respondent

sets forth legal arguments as to why Petitioner's detention is lawful under 8 U.S.C. §

1225(b) because he is an “arriving alien.” (/d.). It is undisputed that Petitioner has not been

charged with or convicted of a criminal offense, does not have a final order of removal, and

his asylum and withholding of removal applications remain pending before an lJ. It is further

undisputed that DHS classified Petitioner as an “arriving alien” and released him on

humanitarian parole and ordered him to appear before an IJ on June 4, 2027. (Doc. 10-7

at 3).

Il. | STANDARD OF REVIEW

Absent suspension, the Constitution guarantees the availability of the writ of habeas

corpus “to every individual detained within the United States.” Hamdi v. Rumsfeld, 542 U.S.

507, 525 (2004 (Citing U.S. Const., Art I, § 9, cl. 2). Pursuant to 28 U.S.C. § 2241, a federal

district court may grant a habeas petition where a petitioner's immigration detention is “in

violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241(c)(3).

Historically, “the writ of habeas corpus has served as a means of reviewing the legality of

Executive detention, and it is in that context that its protections have been strongest.” □□□□□□

v. St. Cyr, 533 U.S. 289, 301 (2001). Claims brought by immigration detainees seeking

relief from their confinement “fall within the core of the writ of habeas corpus.” Trump v.

J.G.G., 604 U.S. 670, 672 (2025). Itis well established that a federal habeas corpus

petitioner generally has the burden of proving facts entitling him to a discharge from

custody. Goins v. Brierley, 464 F.2d 947, 949 (3d Cir. 1972) (citations omitted).

lll. ANALYSIS

Although not raised by either party, the Court has jurisdiction to consider the

petition.2 Turning to the merits of the petition, like many other similar situated immigration

detainees, Petitioner argues that he is not subject to Section 1225(b) mandatory detention

because he has been residing in the United States for years. Unlike the typical immigration

habeas case, see Patel, 2025 WL 3516865, Petitioner was granted discretionary

humanitarian parole and released into the United States on his own recognizance. The

Court agrees with Petitioner that Section 1225(b) does not apply to him, because his “grant

of discretionary parole” and his release from custody into the United States in December

2023, “means that he is no longer ‘seeking admission’ within the meaning of § 1225(b).”

Saidov v. Jamison, 2026 WL 789087, at *3 (E.D. Pa. Mar. 20, 2026); see also Richeme,

2 The Court incorporates by reference its prior analyses set forth in similar habeas petitions filed by

civil immigration detainees. See Patel, 2025 WL 3516865, at *1-7; see also Richeme v. Warden, 2026 WL

937546, at *1-7 (M.D. Pa. Apr. 7, 2026). Furthermore, Petitioner is not required to exhaust his administrative

remedies. Id.

2026 WL 937546, at *6 (same). As such, the Court will order Respondent to provide

Petitioner with a prompt and individualized bond hearing.

Respondent claims that Petitioner's legal status as an inadmissible arriving alien

subject to mandatory detention is not changed by the DHS’s grant of discretionary

humanitarian parole under 8 U.S.C § 1182(d)(5). Federal district courts in this Circuit,

however, disagree with Respondent's contentions, finding persons similarly situated to

Petitioner can be detained, if at all, pursuant to 8 U.S.C. § 1226(a). See, e.g., Richeme,

2026 WL 937546, at *6 (collecting cases); Saidov, 2026 WL 789087, at *3 (“Respondents

assert that the present case is an ‘Arriving Alien’ case, which they define as ‘individuals who

presented at a port of entry without valid entry documents, were paroled into the country

under 8 U.S.C. § 1182(d)(5)(A), and, after a passage of time, recently detained under 8

U.S.C. § 1225(b)(2)(A). While Respondents distinguish this category of cases from

‘Hurtado cases,’ they note that both categories share the same authority for mandatory

detention under 8 U.S.C. § 1225(b)(2)(A). Thus, the Court's statutory analysis above

applies in this so-called “Arriving Alien” category of cases.”); Gagiev v. Rose, 2026 WL

657739, at *1 (E.D. Pa. Mar. 3, 2026) (granting habeas relief to alleged “arriving alien”

where petitioner “was granted humanitarian parole upon his entry to the United States, and

that parole was terminated’): /d. at *10 (“Nor is [petitioner] subject to mandatory detention

under section 1225(b) by virtue of the termination of his parole. In reaching this conclusion,

we concur with the persuasive interpretations of numerous courts, both in this district and

across the country, which have found that section 1225(b) does not authorize expedited

removal and detention of noncitizens who were paroled in the United States under section

1182(d)(5)(A).”) (collecting cases); Vasquez-Rosario v. Noem, 2026 WL 196505 (E.D. Pa.

Jan. 26, 2026) (similar). Because the Court agrees with the analysis of the federal district

court judges who have addressed this issue, it finds that Petitioner is not subject to

mandatory detention under 8 U.S.C. § 1225(b) because he is not “seeking admission” into

the United States.

There are two statutory provisions of the INA at issue in this matter. 8 U.S.C. §

1225(b) is a statute entitled “Inspection by immigration officers; expedited removal of

inadmissible arriving aliens; referral for hearing.” It provides, in relevant part:

(b) Inspection of applicants for admissions

(2) Inspection of other aliens

(A) In General

Subject to subparagraph (B) and (C), in the case of an alien who is an

applicant for admission, if the examining immigration officer determines

that an alien seeking admission is not clearly and bayond a doubt

entitled to be admitted, the alien shall be detained for a proceeding

under section 1229a [removal proceedings] of this title.

8 U.S.C. § 1225(b)(2)(A). 8 U.S.C. § 1226, in contrast, is entitled “Apprehension and

detention of aliens.” It provides, in relevant part:

(a) Arrest, detention, and release

Or a warrant issued by the Attorney General, an alien may be arrested and detained

pending a decision on whether the alien is to be removed from the United States.

Except as provided in subsection (c) and pending such decision, the Attorney

General—

(1) may continue to detain the arrested alien; and

(2) may release the alien on—

(A) bond of at least $1,500 with security approved by, and containing

conditions prescribed by, the Attorney General; or

(B) conditional parole; but

(3) may not provide the alien with work authorization (including an ‘employment

authorized’ endorsement or other appropriate work permit), unless the alien

is lawfully admitted for permanent residence or otherwise would (without

regard to removal proceedings) be provided such authorization.

8 U.S.C. § 1226(a).

As the Court previously found, “the overwhelming majority of federal district courts

that have addressed this issue have interpreted the INA to find that

persons similarly situated to Petitioner—noncitizens who previously entered the United

States and are currently residing in the United States—are not subject to the mandatory

detention provision of 8 U.S.C. § 1225(b) but instead are subject to the discretionary

detention pursuant to 8 U.S.C. § 1226(a) and accordingly are entitled to a bond hearing.”

Patel, 2025 WL 3519895, at *4 (collecting cases).

As before, “the Court finds that the near universal rejection of Respondents’

interpretation of the INA by federal district courts to be highly persuasive and will adopt the

same approach.” /d. at*5. Petitioner's detention under 8 U.S.C. § 1225(b) is unlawful

under the INA because the plain language of this provision and the statutory framework of

the INA compels a finding that § 1225(b) does not apply to noncitizeris like Petitioner who

entered the United States, was released on humanitarian parole, and has resided in the

United States for years. See Bethancourt Soto, __ F. Supp. 3d __, 2025 WL 2976572, at *

7 (“For all these reasons, the Court concludes that § 1225(b)(2)(A) applies only to

noncitizens who are actively, i.e., affirmatively, ‘seeking admission’ to the United States.

Accordingly, it does not apply to individuals like Petitioner, who has been residing in the

United States ‘for over seven years.”); see also Patel, 2025 WL 3516865 at *5 (same).

Like other Courts to address this issue, the Court finds that Respondents’

interpretation of the phrase “seeking admission” violates the rule against surplusage, would

negate the plain meaning of the text, and make redundant Section 1226(c) mandatory

detention of noncitizens who have committed or are charged with certain specified crimes.‘

See Centeno Ibbara, 2025 WL 3294726, at *5-6 (“The government's interpretation of §

1225(b)(2) violates the rule against surplusage. If ‘an applicant seeking admission’ is the

same as ‘an applicant for admission,’ then ‘seeking admission’ is surplusage. Congress has

also recently adopted provisions in § 1226 that would be made superfluous under the

3 The Supreme Court has also acknowledged that 8 U.S.C. § 1226 “generally governs the process of

arresting and detaining ... aliens already in the country pending the outcome of removal proceedings."

Jennings v. Rodriguez, 583 U.S. 281, 288-89 (2018) (emphasis added); /d. at 303 ("As noted, § 1226 applies

to aliens already present in the United States.”). In addition, despite the Board of Immigration Appeals holding

in Matter of Yajure Hurtado, 29 |. & N. Dec. 216 (BIA 2025), that 8 U.S.C. § 1225(b)(2)(A) applies to

noncitizens like Petitioner, “[t]nis Court owes no deference to an agency's interpretation that conflicts with

the statute’s unambiguous text.” Bethancourt Soto v. Soto, __ F. Supp. 3d __, 2025 WL 2976572, at *7

(D.N.J. Oct. 22, 2025) (citing Loper Bright Enters. v. Raimondo, 603 U.S. 369, 400-01 (2024)).

4 “If possible, every word and every provision is to be given effect (verba cum effectu sunt

accipienda). None should be ignored. None should needlessly be given an interpretation that causes it to

duplicate another provision or to have no consequence.” Antonin Scalia & Bryan A. Garner, Reading Law:

The Interpretation of Legal Texts 174 (Thomson/West eds., 1st Ed. 2012).

government's interpretation. If a noncitizen enters the country illegally and is subsequently

convicted or charged with certain crimes, these new provisions require that noncitizens be

detained without a bond hearing. Under the government's interpretation, § 1225 would

require such mandatory detention regardless of criminal charges or conviction. If this was

the case, Congress would have no need to create additional requirements for mandatory

detention.”).

Here, on December 2, 2023, DHS’s Notice to Appear classified Petitioner as an

“arriving alien.” (Doc. 10-6 at 2), According to Respondent, the INA expressly permits them

to detain Petitioner without bond as an “arriving alien.” (Docs 6, 10). But Respondent

interpretation of the INA “would permit it to treat an immigrant who was inspected at the

border and paroled into the United States ‘as seeking admission’ even if that person arrived

in the country years ago.” Saidov, 2026 WL 789087, at *1. Similarly, Respondent's

interpretation of the INA fails to account for the fact that Petitioner was already in the United

States for over two years when he was apprehended and arrested by Respondent in March

2026. Id. Because Respondent granted Petitioner discretionary humanitarian parole and

released him into the United States in December 2023, that “means that he is no longer

‘seeking admission’ within the meaning of 8 U.S.C. § 1225(b)” at the time he was arrested

and detained in March 2026. /d., at *3. Because the Court finds that Petitioner is not

“seeking admission” into the United States, as he is already here, Section 1225(b) does not

apply to him.

IV. CONCLUSION

For the foregoing reasons, Petitioner's habeas petition will be granted in part

because his mandatory detention under 8 U.S.C. § 1225(b) without a bond hearing is

unlawful. Accordingly, Respondent will be directed to provide Petitioner with an

individualized bond hearing before an IJ within seven (7) days of the date of this Order. A

separate Order follows

Md (\ bhi,

obert D. Mariani

United States District Judge

A Nor does the “entry fiction doctrine” change the Court's conclusion. Gagiev, 2026 WL 679119, at

*11 (citing Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206, 73 S.Ct. 625, 93 L.Ed. 956 (1953);

Dept. of Homeland Sec. v. Thuraissigiam, 591 U.S. 103, 140 S.Ct. 1959, 207 L.Ed.2d 427 (2020)). The entry

fiction doctrine, “treats noncitizens parolees—for due process purposes—as if they remain at the U.S.

border.” /d. Pursuant to the entry fiction doctrine, the due process rights of “an alien oni the threshold of

initial entry’ is limited to “[w]hatever the procedure authorized by Congress is.” Shaughnessy, 345 U.S. at

212. The Court finds that the procedure authorized by Congress for persons like Petitioner “who had been

paroled into the United States and developed substantial connections within it prior to their detention, is

detention pursuant fo 8 U.S.C. § 1226—not § 1225.” Gagiev, 2026 WL 679119, at *11. It will thus adopt the

same approach as Judge Kelly of the Eastern District of Pennsylvania in Gagiev and conclude that the “entry

fiction doctrine” does not apply to Petitioner and that his detention is pursuant to 8 U.S.C. § 1226. /d. at “11-

12.

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