Annellycis De Jesus Albornoz Lira v. Laura Hermosillo et al.

District Court, W.D. Washington·Decided February 17, 2026·No. 2:25-cv-02713·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ANNELLYCIS DE JESUS ALBORNOZ CASE NO. 2:25-cv-02713-LK ORDER GRANTING IN PART Petitioner, AND DENYING IN PART v. AMENDED PETITION FOR WRIT LAURA HERMOSILLO et al., Respondents.

This matter comes before the Court on Petitioner Annellycis De Jesus Albornoz Lira’s Amended Petition for Writ of Habeas Corpus. Dkt. No. 12. For the reasons stated below, the Court grants the petition in part and denies it in part.1 I. BACKGROUND Albornoz is a citizen of Venezuela who is currently detained at the Northwest ICE Processing Center (“NWIPC”) in Tacoma, Washington. Id. at 5. In March 2024, she arrived at a 1 The Court declines to hold an evidentiary hearing because the record is sufficient for adjudication of the petition. See Owino v. Napolitano, 575 F.3d 952, 954 (9th Cir. 2009) (holding that “the district court must hold an evidentiary hearing” where “the record is insufficient to decide whether [the petitioner’s] detention is authorized by statute”). United States port of entry for an appointment booked through the CBP One mobile application without valid entry or travel documents. Dkt. No. 17 at 1–2. U.S. Customs and Border Protection (“CBP”) issued her a notice to appear that charged her as removable as an arriving alien under 8 U.S.C. § 1182(a)(7)(A)(i)(I). Id. at 2; Dkt. No. 18-1 at 2 (Notice to Appear). Albornoz was granted

humanitarian parole under Section § 212(d)(5) of the Immigration and Nationality Act (“INA”) (8 U.S.C. § 1182(d)(5)) for up to two years, and she was given a future date to appear in immigration court in Florida. Dkt. No. 12 at 6; Dkt. No. 17 at 2. The next month, she moved to Washington. Dkt. No. 12 at 6–7. She avers that she applied for asylum in August 2025. Dkt. No. 14 at 3. According to Albornoz, once she moved to Washington, she voluntarily enrolled in U.S. Immigration and Customs Enforcement (“ICE”)’s Intensive Supervision Appearance Program (“ISAP”) because she “wanted to do everything right.” Dkt. No. 12 at 6 (quoting Dkt. No. 14 at 2). Albornoz avers that she complied with all of her ISAP requirements, and was surprised when she was told to report to the Richland, Washington ICE office on September 30, 2025. Dkt. No. 14 at 3. When she did so, she was transported to the ICE office in Yakima “so ICE could take a

look at her case,” and then to the NWIPC, where she remains detained. Dkt. No. 12 at 7; see also Dkt. No. 14 at 4. Respondents2 tell a different story. They contend that after Albornoz moved to Washington, ICE enrolled her in the Alternatives to Detention (“ATD”) program in January 2025,3

2 Although Bruce Scott, the warden of the NWIPC, has not appeared in this case, (1) the purpose of naming the petitioner’s custodian is to effectuate injunctive relief where appropriate, see Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004) (the custodian has “the power to produce the body of [the petitioner] before the court or judge,” such that “he may be liberated if no sufficient reason is shown to the contrary” (citation modified)); and (2) federal respondents often represent the warden's interests, as they do in this case, see Doe v. Garland, 109 F.4th 1188, 1196 (9th Cir. 2024) (“Even in cases where private contract wardens are named as respondents, the government can and has stepped in to defend its interest in keeping petitioners detained.”). 3 One of the alternatives in the ATD program is ISAP, a program that “determines how much supervision is necessary on a person-by-person basis.” ICE Portal, Alternatives to Detention (ATD), available at https://portal.ice.gov/immigration-guide/atd (last visited Feb. 14, 2026). and she “failed to complete required ATD biometric check-ins in April, May, and June 2025,” Dkt. No. 16 at 2 (citing Dkt. No. 17 at 2). She was arrested in September 2025 for these ATD violations. Dkt. No. 16 at 2 (citing Dkt. No. 17 at 2; Dkt. No. 18-3 at 2 (warrant for arrest); Dkt. No. 18-4 at 3 (Form I-213)).4

Removal proceedings ensued. Dkt. No. 16 at 3. Albornoz attended a master calendar hearing on October 29, 2025. Dkt. No. 14 at 4. On November 3, 2025, an immigration judge denied bond, finding that Albornoz is subject to mandatory detention as an arriving alien under 8 U.S.C. § 1225(b). Dkt. No. 17 at 3; Dkt. No. 18-5 at 2–3 (Order of the Immigration Judge). On November 14, 2025, Albornoz appeared before an immigration judge for a final merits hearing. Dkt. No. 17 at 3. After taking evidence and testimony, the immigration judge denied Albornoz’s application for asylum and other relief and ordered her removed to Venezuela, or in the alternative, to Brazil. Id.; Dkt. No. 18-6 at 2–5. With the help of an attorney, Albornoz appealed the denial of her asylum application, and her appeal remains pending. Dkt. No. 14 at 5. Albornoz next filed a pro se petition for a writ of habeas corpus in the United States District

Court for the Eastern District of Washington, which transferred the petition to this district. Dkt. Nos. 1, 3. Counsel then appeared on Albornoz’s behalf and filed an amended petition for habeas corpus. Dkt. Nos. 8, 12. Albornoz alleges a violation of her Fifth Amendment right to due process, and seeks (1) immediate release; (2) an order preventing Respondents from re-detaining her “during the pendency of her removal proceedings absent written notice and a hearing prior to re- detention where Respondents must prove by clear and convincing evidence that [she] is a flight risk or danger to the community and that no alternatives to detention would mitigate those risks”; (3) an order that Respondents must return her personal property; (4) a declaration that her re-

4 As Albornoz points out, Respondents “have not submitted any primary records showing the claimed ATD violations that allegedly occurred in April, May, and June 2025.” Dkt. No. 19 at 6 n.2. detention while removal proceedings are ongoing “without first providing an individualized determination before a neutral decisionmaker violates the Due Process Clause of the Fifth Amendment,” and (5) attorney’s fees and costs under the Equal Access to Justice Act. Dkt. No. 12 at 12–13.

A. Legal Standard 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). “The essence of habeas corpus is an attack by a person in custody upon the legality of that custody, and . . . the traditional function of the writ is to secure release from illegal custody.” Preiser v. Rodriguez, 411 U.S. 475, 484 (1973). A writ of habeas corpus may be granted to a petitioner who demonstrates that he is in custody in violation of the Constitution or federal law. 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

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