Selvin Leono Ulloa Martinez, a Honduran citizen who entered the U.S. in September 2020, was arrested by ICE officials on February 26, 2026, and has been detained at Clay County Jail in Brazil, Indiana. He was charged with inadmissibility for being present without being admitted or paroled and for lacking proper documentation. Martinez filed a habeas corpus petition seeking release or a bond hearing under immigration law.
Judge Sweeney ruled that Martinez's detention is governed by 8 U.S.C. § 1226(a), which requires bond hearings for detained immigrants. 'The Court concludes that Mr. Ulloa Martinez is entitled to a bond hearing under § 1226,' Sweeney wrote, rejecting the government's argument that Martinez falls under a different provision requiring mandatory detention. The judge relied on Seventh Circuit precedent in Castañon-Nava v. U.S. Dep't of Homeland Sec., finding that immigrants like Martinez who have lived in the U.S. interior for years are not 'arriving' aliens subject to mandatory detention.
The government had argued that Martinez was lawfully detained under 8 U.S.C. § 1225(b)(2)(A), which applies to arriving aliens and provides for mandatory detention. Respondents cited recent Fifth and Eighth Circuit decisions supporting their interpretation, but Judge Sweeney declined to follow those rulings, stating he was 'not convinced' the Seventh Circuit would adopt their reasoning. The judge had previously addressed similar statutory interpretation issues in Morales Sandoval v. Crowley in December 2025.
The court ordered ICE to either provide Martinez with an individualized bond hearing before an immigration judge or release him under supervision by 5:00 p.m. on April 15, 2026. While immediate release is the traditional habeas remedy, Judge Sweeney found 'it would not be in the interests of justice' to order immediate release and instead opted for the bond hearing alternative. The ruling reflects an ongoing circuit split over immigration detention authority that may ultimately require Supreme Court resolution.