IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
*
IN RE:
*
Standing Order No. 2026-01
28 U.S.C. § 2241 IMMIGRATION
PETITIONS FOR BOND HEARINGS *
STEWART DETENTION CENTER
O R D E R
Because of the location of the Stewart Immigration
Detention Center in the Middle District of Georgia, the Court is
receiving an extraordinary number of petitions for habeas corpus
relief seeking a bond hearing. The Court has previously ruled
that most of these Petitioners are entitled to the relief they
seek. See e.g. J.A.M. v. Streeval, No. 4:25-CV-342-CDL, 2025 WL
3050094 (M.D. Ga. Nov. 1, 2025) and P.R.S. v. Streeval, No.
4:25-cv-330-CDL, 2025 WL 3269947 (M.D. Ga. Nov. 24, 2025).
Specifically, the Court concluded that for noncitizens “who are
found in the country unlawfully and are arrested” without having
been inspected by an examining immigration officer, then “an
immigration officer or immigration judge has the discretion”
under 8 U.S.C. § 1226(a) to grant them release on bond unless a
statutory exception applies under 8 U.S.C. § 1226(c). J.A.M.,
2025 WL 3050094, at *3; P.R.S., 2025 WL 3269947, at *1-*2.
Mandatory detention under 8 U.S.C. § 1225(b)(2) “is not
authorized” in such cases. P.R.S., 2025 WL 3269947, at *2.
Despite these clear and definitive rulings, the Government
refuses to provide bond hearings to persons who fall within the
parameters of the Court’s rulings in J.A.M. and P.R.S. unless
the Court orders the Government to do so in each individual
case. The volume of these petitions has created an
administrative judicial emergency which requires the Court to
consider novel solutions to assure that these cases are handled
expeditiously. Due to administrative necessity and to promote
justice and judicial economy, the Court directs the Magistrate
Judges of this District to screen each § 2241 petition arising
from Stewart Detention Center that is assigned to them and make
the determination as to whether the case falls within the
parameters of J.A.M. and P.R.S., and if it does, the Court
authorizes the Magistrate Judge to issue the Order attached
hereto as Exhibit 1 to this Order. The Government shall have
the right to oppose that Order as set out in Exhibit 1.
IT IS SO ORDERED, this 29th day of January, 2026.
S/Clay D. Land
CLAY D. LAND
U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA
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EXHIBIT 1
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
___, *
Petitioner, *
vs. *
CASE NO.
WARDEN, STEWART DETENTION *
CENTER, et al.,
*
Respondents.
*
O R D E R
The Court received Petitioner’s application for habeas
corpus relief under 28 U.S.C. § 2241. Pet. (____ __, 2026), ECF
No. _. The Court may apply Rule 4 of the Rules Governing § 2254
cases in this action. SECT 2254 Rule 1(b) (“The district court
may apply any or all of these rules to a habeas corpus petition
not covered by Rule 1(a) [which addresses petitions under 28
U.S.C. § 2254].”). Under Rule 4, if a petition is not dismissed
on preliminary review, then “the judge must order the respondent
to file an answer, motion, or other response within a fixed
time, or to take other action the judge may order.” SECT 2254
Rule 4. Applying Rule 4, the Court issues the following order.
This case appears to involve the same issues raised in J.A.M. v.
Streeval, No. 4:25-CV-342-CDL, 2025 WL 3050094 (M.D. Ga. Nov. 1,
2025) and P.R.S. v. Streeval, No. 4:25-cv-330-CDL, 2025 WL
3
3269947 (M.D. Ga. Nov. 24, 2025). In those cases, the Court
concluded that for noncitizens “who are found in the
country unlawfully and are arrested” without having been
inspected by an examining immigration officer, then “an
immigration officer or immigration judge has the discretion”
under 8 U.S.C. § 1226(a) to grant them release on bond unless a
statutory exception applies under 8 U.S.C. § 1226(c). J.A.M.,
2025 WL 3050094, at *3; P.R.S., 2025 WL 3269947, at *1-*2.
Mandatory detention under 8 U.S.C. § 1225(b)(2) “is not
authorized” in such cases. P.R.S., 2025 WL 3269947, at *2.
Based upon the rationale of J.A.M. and P.R.S., Respondents
in this action are hereby ORDERED to provide Petitioner with a
bond hearing to determine if Petitioner may be released on bond
under § 1226(a)(2) and the applicable regulations. Respondents
shall provide this bond hearing within seven days of today’s
order. Once a bond hearing is provided, Petitioner will have
received the remedy that the Court is authorized to order, and
Petitioner should file a notice of dismissal.
If Respondents in good faith contend that the Court’s prior
rulings in J.A.M. and P.R.S. do not apply here, Respondents
should file an appropriate motion seeking relief from this order
and demonstrating why the Court’s prior rulings in J.A.M. and
P.R.S. do not control the result in this case. If such a good
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faith motion is filed, then this order shall be stayed pending
the resolution of that motion.
IT IS SO ORDERED, this ____ day of ______, 2026.
s/Clay D. Land
CLAY D. LAND
U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA
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