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govinfo:USCOURTS-flsd-1_26-cv-21487-0
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 26-21487-CV-WILLIAMS
CHERIF DJIMBARIMA CHAMSADINE,
Petitioner,
v.
ASSISTANT FIELD DIRECTOR WARDEN, et al.,
Respondents.
_________________________________________/
ORDER
THIS MATTER is before the Court on the Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241 (“Petition ”) filed by Petitioner Cherif Djimbarima
Chamsadine (“Petitioner”) (DE 1). For the reasons set forth below, the Petition (DE 1) is
GRANTED.
I. FACTUAL BACKGROUND
Petitioner is a citizen of Chad. (DE 1 ¶ 16). On October 22, 2023, he entered the
United States. (DE ¶ 1). Upon arrival, Petitioner was placed into removal proceedings .
(DE 1 ¶ 18). The Department of Homeland Security (“DHS”) served him with a Notice to
Appear (“NTA”) and released him. (DE 1 ¶¶ 20-21).
In November 2025, Petitioner failed to stop at a stop sign and was detained by law
enforcement, who subsequently transferred him to the custody of U.S. Immigration and
Customs Enforcement (“ICE”). (DE 1 ¶ ¶ 22-25). Other than traffic citations, Petitioner
does not have a cr iminal history. (DE 1 ¶ 24). Petitioner is currently detained at Krome
North Processing Center, and he now seeks habeas relief, arguing that his continued
detention without a bond hearing is unlawful. (DE 1).
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II. LEGAL STANDARD
District courts have the authority to grant writs of habeas corpus. See 28 U.S.C. §
2241(a). Habeas corpus is fundamentally “a remedy for unlawful executive detention.”
Munaf v. Geren, 553 U.S. 674, 693 (2008) (citation omitted). A writ may be issued to a
petitioner who demonstrates that he is being held in custody in violation of the Constitution
or federal law. See 28 U.S.C. § 2241(c)(3). The Court’s jurisdiction extends to challenges
involving immigration -related detention. See Zadvydas v. Davis , 533 U.S. 678, 687
(2001).
III. DISCUSSION
Respondents do not contest jurisdiction. 1 Accordingly, the Court proceeds to the
merits of the Petition.
A. Relevant Immigration Statutes
There are three statutes that govern the detention of noncitizens: 8 U.S.C. §§ §
1225, 1226, and 1231. Section 1231 provides for the detention of noncitizens who have
been ordered removed, including individuals in withholding- only proceedings. Because
Petitioner has not yet been ordered removed, Section 1231 does not apply. Accordingly,
the Court begins with an analysis of 8 U.S.C. §§ 1225 and 1226.
i. 8 U.S.C. § 1225
Section 1225 governs the inspection, detention, and removal of applicants for
admission. See 8 U.S.C. § 1225 et seq. Applicants for admission are defined as
1 Indeed, Respondents filed an “abbreviated response . . . in lieu of a formal responsive
memorandum of law.” In its abbreviated response, Respondents focus their arguments
on the fact that “Petitioner is subject to mandatory detention under § 1225(b).” (DE 7 at
2).
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noncitizens “present in the United States who ha[ve] not been admitted” or those
“arriv[ing] in the United States.” Id. All applicants for admission “must be inspected by
immigration officers to ensure that they may be admitted into the country consistent with
U.S. immigration law.” Jennings v. Rodriguez, 583 U.S. 281, 287 (2018). 2 To that end,
“U.S. immigration law authorizes the Government to detain certain aliens seeking
admission into the country under §§ 1225(b)(1) and (b)(2).” Id. at 289 (emphasis added).
Moreover, “Section 1225(b)(1) applies to all aliens initially determined to be
inadmissible due to fraud, misrepresentation, or lack of valid documentation.” Id. Such
non-citizens are generally subject to expedited removal “without further hearing or
review.” 8 U.S.C. § 1225(b)(1). However, if the non- citizen expresses “an intention to
apply for asylum” or a fear of persecution,” the statute requires referral to an interview
with an immigration officer. Id. § 1225(b)(1)(A)(ii). If the immigration officer finds a
“credible fear,” the non- citizen “shall be detained for further consideration of the
application for asylum.” Id.
On the other hand, “Section 1225(b)(2) is broader” and “serves as a catchall
provision that applies to all applicants for admission not covered by § 1225(b)(1).”
Jennings, 583 U.S. at 287. Non -citizens covered under § 1225(b)(2) are detained for
removal proceedings “if the examining immigration officer determines that an alien
seeking admission is not clearly and beyond a doubt entitled to be admitted” into the
2 Indeed, Jennings began its analysis by emphasizing the temporal and categorical
distinction between the detention statutes. Section 1225 applies to noncitizens who are
“seeking admission into the country” at the border or a port of entry, whereas § 1226
governs those “already in the country pending the outcome of removal proceedings.”
Jennings, 583 U.S. at 285-89.
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country. 8 U.S.C. § 1225(b)(2)(A). Importantly, detention under § 1225(b)(2) is mandatory.
See Gomes v. Hyde, No. 25-cv-11571, 2025 WL 1869299, at *8 (D. Mass. July 7, 2025).
ii. 8 U.S.C. § 1226
Federal immigration law “also authorizes the Government to detain certain aliens
already in the country pending the outcome of removal proceedings.” Jennings, 583 U.S.
at 289 (emphasis added). Section 1226(a) provides that when a noncitizen has been
“arrested and detained pending a decision on whether the alien is to be removed from the
United States,” the Attorney General may either continue to detain the individual or
release them on bond or conditional release. See 8 U.S.C. § 1226(a). The statute thus
“establishes a discretionary detention framework.” Gomes, 2025 WL 1869299, at *2. With
this background in mind, the Court now analyzes which statute applies to Petitioner.
B. Whether § 1225 or § 1226 Applies
The primary issue before the Court is whether § 1225 or § 1226 governs
Petitioner’s detention. Respondents argue that Petitioner is mandatorily detained under
§ 1225. The Court disagrees.
As a threshold matter, this is a question of statutory interpretation squarely within
the Court’s jurisdiction. Pizarro Reyes v. Raycraft, No. 25-cv-12546, 2025 WL 2609425,
at *3 (E.D. Mich. Sep. 9, 2025) (“[This case] requires the Court to decide whether §
1226(a) or § 1225(b)(2)(A) applies to [Petitioner]. To answer the question, the Court must
determine how the two sections interplay with one another. . . . Ultimately, the issue boils
down to a matter of statutory interpretation. And matters of statutory interpretation belong
historically within the province of the courts.”) (citing Loper Bright Enter. v. Raimondo, 603
U.S. 369, 386 (2024)); Barrios v. Shepley, No. 25-cv-00406, 2025 WL 2772579, at *5 (D.
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Me. Sep. 25, 2025) (district court had jurisdiction to review petitioner’s challenge to the
“statutory framework” regarding his detention); See Gomes, 2025 WL 1869299, at *8 n.9
(“[T]o the extent . . . the BIA would conclude that Gomes is subject to mandatory detention
under Section 1225(b)(2), this Court respectfully disagrees with that conclusion. C ourts
must exercise independent judgment in determining the meaning of statutory provisions”);
Mosqueda, 2025 WL 2591530, at *7 (district court had jurisdictio n to decide whether §
1225 or § 1226 applied as “[t]hese are purely legal questions of statutory interpretation.”).
This Court and countless others have uniformly rejected the Government’s
expansive interpretation of § 1225.3 See e.g., Gil-Paulino v. Sec’y of the U.S. Dep’t of
Homeland Sec. , 25-cv-24292, DE 41, (S.D. Fla. Oct. 10, 2025) (respondent’s
interpretation of the INA “directly contravenes the statute” and “disregards decades of
settled precedent”); see also Pizarro Reyes, 2025 WL 2609425, at *7 (“Finally, the BIA's
decision to pivot from three decades of consistent statutory interpretation and call for
Pizarro Reyes’ detention under § 1225(b)(2)(A) is at odds with every District Court that
has been confronted with the same question of statutory interpretation.”); Puga, No. 25-
3 The Court recognizes the Fifth Circuit’s recent, divided opinion in Victor Buenrostro-
Mendez v. Bondi, et al., which runs contrary to the legion of lower court decisions cited in
this Order. No. 25-20496, 2026 WL 323330 (5th Cir. 2026). However, the Fifth Circuit’s
decision is not binding on this Court. Carmichael v. United States , No. 19-12298, 2022
WL 908943, at *3 (11th Cir. 2022) (“The decisions of other circuit courts are not binding
on district courts within this Circuit. ”). Moreover, as Judge Douglas sets forth in her
dissent, the majority opinion ignores the fact that the Government’s “newly discovered
mandate arrives without historical precedent . . . [and the fact that] the overwhelming
majority of courts in [the Fifth Circuit] and elsewhere have recognized that the
government’s position is totally unsupported . . . [and] ignore[s] the Supreme Court’s
clearly stated understanding of the statutory scheme[.]” Id. at 10. Accordingly, without
Eleventh Circuit guidance, this Court will not adopt the Government’s expansive reading
of § 1225.
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24535, 2025 WL 2938369, at *3–6; Merino v. Ripa, No. 25-23845, 2025 WL 2941609, at
*3 (S.D. Fla. Oct. 15, 2025); Lopez v. Hardin, No. 25 -cv-830, 2025 WL 2732717, at *2
(M.D. Fla. Sep. 25, 2025); Harsh Patel v. Crowley, No. 25-11180, 2025 U.S. Dist. LEXIS
209958, at *9–12 (N.D. Ill. Oct. 24, 2024); Esquivel-Ipina v. Larose, No. 25-cv-2672, 2025
U.S. Dist. LEXIS 210275, at *9–12 (C.D. Cal. Oct. 24, 2025); Carmona v. Noem, No. 25-
cv-1131, 2025 U.S. Dist. LEXIS 209629, at *14–17 (W.D. Mich. Oct. 24, 2025); Lopez v.
Hyde, 25-12680, 2025 U.S. Dist. LEXIS 209916, at *4–5 (D. Mass. Oct. 24, 2025); Guerra
v. Joyce, No. 25 -cv-00534, 2025 WL 2986316, at *3 (D. Me. Oct. 23, 2025); Lomeu v.
Soto, 25 -cv-16589, 2025 WL 2981296, at * 7–8 (D.N.J. Oct. 23, 2025); Maldonado v.
Cabezas, No. 25 -13004, 2025 WL 2985256, at * 4 (D.N.J. Oct. 23, 2025); Aparicio v.
Noem, 2025 U.S. Dist. LEXIS 208898, at *12–13 (D. Nev. Oct. 23, 2025); Loa Caballero
v. Baltazar, No. 25-cv-03120, 2025 WL 2977650, at *5–6 (D. Colo. Oct. 22, 2025); Soto
v. Soto, No. 25 -cv-16200, 2025 U.S. Dist. LEXIS 207818, at *16 –19 (D.N.J. Oct. 22,
2025); Garcia v. Noem, 25-cv-02771, 2025 U.S. Dist. LEXIS 209286, at *10–15 (C.D. Cal.
Oct. 22, 2025); Aguiar v. Moniz, No. 25-cv-12706, 2025 WL 2987656, at *3 (D. Mass. Oct.
22, 2025); Rivera v. Moniz, 25-cv-12833, 2025 WL 2977900, at *1 –2 (D. Mass. Oct. 22,
2025); Avila v. Bondi, No. 25-3741, 2025 WL 2976539, at *5–7 (D. Minn. Oct. 21, 2025);
Contreras-Lomeli v. Raycraft , No. 25 -cv-12826, 2025 U.S. Dist. LEXIS 207162, at *22
(E.D. Mich. Oct. 21, 2025); Maldonado de Leon v. Baker, No. 25-3084, 2025 WL 2968042,
at *7 (D. Md. Oct. 21, 2025); Casio-Mejia v. Raycraft, No. 25-cv-13032, 2025 U.S. Dist.
LEXIS 207165, at *12, 16–17 (E.D. Mich. Oct. 21, 2025); Miguel v. Noem, 25-11137, 2025
WL 2976480, at *6 (N.D. Ill. Oct. 21, 2025); Pineda v. Simon, No. 25-cv-01616, 2025 WL
2980729, at *2 (E.D. Va. Oct. 21, 2025); Matheus Araujo DA Silva v. Bondi , No. 25-cv-
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12672, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025); Barahona v. Hyde, No. 25-cv-
12551, 2025 U.S. Dist. LEXIS 205964, at *4 –5 (D. Mass. Oct. 20, 2025) ; H.G.V.U. v.
Smith, No. 25-cv-10931, 2025 WL 2962610, at *4–6 (N.D. Ill. Oct. 20, 2025); Gonzalez v.
Hyde, No. 25-8250, 2025 U.S. Dist. LEXIS 208578, at *10 –11 (S.D.N.Y. Oct. 19, 2025);
Polo v. Chestnut, No. 25-cv-01342, 2025 WL 2959346, at *11 (E.D. Cal. Oct. 17, 2025);
Sanchez v. Minga Wofford, Warden, Mesa Verde Immigr. Processing Ctr. , No. 25- cv-
01187, 2025 WL 2959274, at * 3 (E.D. Cal. Oct. 17, 2025); Gutierrez v. Juan Baltasar,
Warden, Denver Cont. Det. Facility , No. 25-cv-2720, 2025 U.S. Dist. LEXIS 208448, at
*12–27 (D. Colo. Oct. 17, 2025); Alvarez v. Noem, No. 25-cv-1090, 2025 WL 2942648, at
*4–6 (W.D. Mich. Oct. 17, 2025); Zamora v. Noem, No. 25-12750, 2025 WL 2958879, at
*1 (D. Mass. Oct. 17, 2025); Pacheco Mayen v. Raycraft , 25 -cv-13056, 2025 WL
2978529, at *6–9 (E.D. Mich. Oct. 17, 2025); Diaz Sandoval v. Raycraft, No. 25-cv-12987,
2025 WL 2977517, at *6–9 (E.D. Mich. Oct. 17, 2025); Contreras-Cervantes v. Raycraft,
No. 25-cv-13073, 2025 WL 2952796, at *6–8 (E.D. Mich. Oct. 17, 2025); Ochoa v. Noem,
No. 25 -10865, 2025 WL 2938779, at * 4–6 (N.D. Ill. Oct. 16, 2025); Hernandez v.
Crawford, No. 25 -cv-01565, 2025 WL 2940702, at * 2 (E.D. Va. Oct. 16, 2025); Piña v.
Stamper, No. 25-cv-00509, 2025 WL 2939298, at *3 (D. Me. Oct. 16, 2025); Tut v. Noem,
No. 25-cv-02701, 2025 U.S. Dist. LEXIS 204616, at *9 (C.D. Cal. Oct. 16, 2025); Sequen
v. Albarran, No. 25-cv-06487, 2025 WL 2935630, at *8 (N.D. Cal. Oct. 15, 2025); Teyim
v. Perry, No. 25-cv-01615, 2025 WL 2950184, at *2–3 (E.D. Va. Oct. 15, 2025); Singh v.
Lyons, 25-cv-01606, 2025 WL 2932635 , at * 2–3 (E.D. Va. Oct. 14, 2025); Alejandro v.
Olson, 25-cv-02027, 2025 WL 2896348, at * 7–9 (S.D. Ind. Oct. 11, 2025); Rico-Tapia v.
Smith, No. 25 -00379, 2025 U.S. Dist. LEXIS 206547, at *21 (D. Haw. Oct. 10, 2025);
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Chavez v. Kaiser, No. 25- cv-06984, 2025 WL 2909526, at *5 (N.D. Cal. Oct. 9, 2025);
Donis v. Chestnut, No. 25-01228, 2025 WL 287514, at *11 (E.D. Cal. Oct. 9, 2025); Eliseo
A.A. v. Olson , No. 25 -3381, 2025 WL 2886729, at * 2–4 (D. Minn. Oct. 8, 2025);
Covarrubias v. Vergara, No. 25-cv-112, 2025 WL 2950097, at *3 (S.D. Tex. Oct. 8, 2025);
Buenrostro-Mendez v. Bondi, No. 25- 3726, 2025 WL 2886346, at *3 (S.D. Tex. Oct. 7,
2025); S.D.B.B. v. Johnson, No. 25-cv-882, 2025 WL 2845170, at *5 (M.D.N.C. Oct. 7,
2025); Gonzalez v. Bostock, 25-cv-01404, 2025 WL 2841574, at *3–4 (W.D. Wash. Oct.
7, 2025); Hyppolite, 2025 WL 2829511, at *12; Artiga v. Genalo, No. 25-5208, 2025 WL
2829434, at *7 (E.D.N.Y. Oct. 5, 2025); Cordero Pelico v. Kaiser, No. 25-cv-07826, 2025
WL 2822876, at *15 (N.D. Cal. Oct. 3, 2025); Orellana v. Moniz , 25-cv-12664, 2025 WL
2809996, at *5 (D. Mass. Oct. 3, 2025) ; Elias Escobar v. Hyde, No. 25-cv-12620, 2025
WL 2823324, at *3 (D. Mass. Oct. 3, 2025); Belsai D.S. v. Bondi , No. 25-cv-3682, 2025
WL 2802947, at *5–6 (D. Minn. Oct. 1, 2025); Silva v. United States Immigr. & Customs
Enf’t, No. 25 -cv-284, 2025 U.S. Dist. LEXIS 191101, at *6– 7 (D.N.H. Sep. 29, 2025);
Barrios v. Shepley, No. 25-cv-00406, 2025 WL 2772579, at *10 (D. M e. Sep. 29, 2025);
Lepe v. Andrews, No. 25-cv-01163, 2025 WL 2716910, at *4 (E.D. Cal. Sep. 23, 2025);
Chogllo Chafla v. Scott , Nos. 25- cv-00437, 25- cv-00438, 25 -cv-00439, 2025 WL
2688541, at *6 –9 (D. Me . Sep. 22, 2025); Barrera v Tindall , No. 25 -cv-541, 2025 WL
2690565, at *5 (W.D. Ky. Sep. 19, 2025); Pablo Sequen v. Kaiser, No. 25-cv-06487, 2025
WL 2650637, at *6– 8 (N.D. Cal. Sep. 16, 2025); Salcedo Aceros v. Kaiser , No. 25 -cv-
06924, 2025 WL 2637503, at *8 –12 (N.D. Cal. Sep. 12, 2025); Lopez Santos v. Noem,
No. 3:25-cv-01193, 2025 WL 2642278, at *3–5 (W.D. La. Sep. 11, 2025); Jimenez v. FCI
Berlin, No. 25-cv-326, 2025 WL 2639390, at *5–10 (D.N.H. Sep. 8, 2025); Doe v. Moniz,
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25-cv-12094, 2025 WL 2576819, at *5 (D. Mass. Sep. 5, 2025); Garcia v. Noem, No. 25-
cv-01180, 2025 WL 2549431, at *5– 7 (S.D. Cal. Sep . 3, 2025); Francisco v. Bondi, No.
25-cv-03219, 2025 WL 2629839, at *2 –4 (D. Minn. Aug. 29, 2025); Lopez-Campos v.
Raycraft, No. 25-cv-12486, 2025 WL 2496379, at *5–8 (E.D. Mich. Aug. 29, 2025); Diaz
v. Mattivelo, No. 25-cv-12226, 2025 WL 2457610, at *3 (D. Mass. Aug. 27, 2025); Kostak
v. Trump, No. 25-1093, 2025 WL 2472136, at *2– 3 (W.D. La. Aug. 27, 2025); Benitez v.
Noem, No. 25- cv-02190, 2025 U.S. Dist. LEXIS 171945, at *8– 12 (C.D. Cal. Aug. 25,
2025); Romero v. Hyde, No. 25-11631, 2025 WL 2403827, at *11–13 (D. Mass. Aug. 19,
2025); Maldonado v. Olson, No. 25-cv-3142, 2025 WL 2374411, at *11–12 (D. Minn. Aug.
15, 2025); dos Santos v. Noem, 25-cv-12052, 2025 WL 2370988, at *6–8 (D. Mass. Aug.
14, 2025); Lopez Benitez v. Francis, No. 25-cv-5937, 2025 WL 2371588, at *4–9 (S.D.N.Y.
Aug. 13, 2025); Rosado v. Figueroa, No. 25-12157, 2025 WL 2337099, at *6–11 (D. Ariz.
Aug. 11, 2025) report and recommendation adopted by , 2025 WL 2349133 (Aug. 13,
2025); Bautista v. Santacruz, No. 25-cv-01873, 2025 U.S. Dist. LEXIS 171364, at *13–16
(C.D. Cal. July 28, 2025); Martinez v. Hyde, No. 25-11613, 2025 WL 2084238, at *5–9 (D.
Mass. July 24, 2025); Gomes, 2025 WL 1869299, at *5–8; Rodriguez v. Bostock, 779 F.
Supp. 3d 1239, 1256– 61 (W.D. Wash. 2025). The Court finds no reason to depart from
these decisions here.
Because Petitioner is detained under § 1226, he is entitled to an individualized
bond hearing before an immigration judge.
Accordingly, it is ORDERED and ADJUDGED as follows:
1. The Petition for Writ of Habeas Corpus (DE 1) is GRANTED.
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2. Respondents shall afford Petitioner an individualized bond hearing consistent with
8 U.S.C. § 1226(a) on or before March 20, 2026, or otherwise release Petitioner.
3. Respondents shall file a notice with the Court on or before March 23 , 202 6,
confirming and detailing their compliance with this Order.
DONE AND ORDERED in Chambers in Miami, Florida, this 1 7th day of March ,
2026.
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