Gaston Adewale Olouossa, a native of Benin who entered the U.S. without inspection in February 2024, was initially released on his own recognizance but was re-arrested by ICE agents in March 2026. He is currently detained at the North Lake Processing Center in Baldwin, Michigan, and was scheduled for a master calendar hearing in Detroit Immigration Court.
Judge Jarbou determined that Olouossa's detention should be governed by 8 U.S.C. § 1226(a) rather than the mandatory detention provisions of § 1225(b)(2), which ICE had relied upon. The judge cited her recent analysis in similar cases involving noncitizens 'who have resided in the United States and were already within the United States when apprehended and arrested.' Jarbou also rejected the government's exhaustion argument, finding that waiver of exhaustion was appropriate.
The government had argued that Olouossa met every element for mandatory detention under § 1225(b)(2) and should exhaust administrative remedies by pursuing a bond hearing before the immigration court. Respondents contended that Olouossa had received adequate due process protections, including notice of charges, access to counsel, and the right to attend hearings and appeal bond denials.
Judge Jarbou ordered ICE to provide Olouossa with a bond hearing under § 1226(a) within five business days or immediately release him from custody. The court also required a status report within six business days certifying compliance and detailing the outcome of any bond hearing. The ruling follows a pattern of similar decisions by Jarbou in recent immigration detention cases in the Western District of Michigan.