Carlos Alberto Gutierrez Hidalgo v. Kristi Noem, Secretary of the U.S. Department of Homeland Security; Todd M. Lyons, Director of U.S. Immigration and Customs Enforcement; Warden, West Tennessee Detention Facility; and Pam Bondi, Attorney General of the United States

W.D. Tennessee

Carlos Alberto Gutierrez Hidalgo v. Kristi Noem, Secretary of the U.S. Department of Homeland Security; Todd M. Lyons, Director of U.S. Immigration and Customs Enforcement; Warden, West Tennessee Detention Facility; and Pam Bondi, Attorney General of the United States

DecidedMarch 4, 2026

Docket2:26-cv-02217

StatusUnknown

This text of Carlos Alberto Gutierrez Hidalgo v. Kristi Noem, Secretary of the U.S. Department of Homeland Security; Todd M. Lyons, Director of U.S. Immigration and Customs Enforcement; Warden, West Tennessee Detention Facility; and Pam Bondi, Attorney General of the United States (Carlos Alberto Gutierrez Hidalgo v. Kristi Noem, Secretary of the U.S. Department of Homeland Security; Todd M. Lyons, Director of U.S. Immigration and Customs Enforcement; Warden, West Tennessee Detention Facility; and Pam Bondi, Attorney General of the United States) is published on Counsel Stack Legal Research, covering District Court, W.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Carlos Alberto Gutierrez Hidalgo v. Kristi Noem, Secretary of the U.S. Department of Homeland Security; Todd M. Lyons, Director of U.S. Immigration and Customs Enforcement; Warden, West Tennessee Detention Facility; and Pam Bondi, Attorney General of the United States, (W.D. Tenn. 2026).

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION CARLOS ALBERTO GUTIERREZ ) HIDALGO, ) ) Petitioner, ) ) v. ) ) KRISTI NOEM, Secretary of the U.S. Department of Homeland Security; TODD M. ) No. 2:26-cv-02217-SHL-cgc ) LYONS, Director of U.S. Immigration and ) Customs Enforcement; Warden, West ) Tennessee Detention Facility; and PAM ) BONDI, Attorney General of the United ) States, ) Respondents. )

ORDER REQUIRING RESPONSE AND STAYING TRANSFER

On March 2, 2026, pro se Petitioner Carlos Alberto Gutierrez Hidalgo filed the Emergency Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241. (ECF No. 2.) He states that he is a citizen of Venezuela who entered the United States on September 24, 2023. (Id. at PageID 3.) On October 30, 2025, Gutierrez Hidalgo was detained by ICE “without a criminal warrant.” (Id.) After being diagnosed with colon cancer during ICE detention, he “challenges the constitutionality of his continued civil immigration detention and the denial of adequate medical care for a life-threatening medical condition.” (ECF No. 2 at PageID 2–3.) He asserts that, “[d]espite this diagnosis, [he] has not received timely oncology treatment, surgical intervention, chemotherapy, or consistent follow-up care.” (Id. at PageID 3.) At a December 1 custody redetermination hearing before an Immigration Judge, he was denied bond under Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (B.I.A. 2025). (ECF No. 2-2 at PageID 24–25.) The Petition seeks immediate release from Respondents’ custody. (ECF No. 2 at PageID 4.) Gutierrez Hidalgo states that he served the Petition on all Respondents on February 24. (Id. at PageID 5–6.) Upon review of the Petition, it is ORDERED as follows: (1) The Clerk is directed to email a copy of this Order to the United States Attorney

for the Western District of Tennessee at the following email address: stuart.canale@usdoj.gov. (2) Respondents shall respond to the Petition in writing within five days of this Order. (3) Gutierrez Hidalgo may file a reply after Respondents’ responsive filing. (4) Respondents shall not transfer Gutierrez Hidalgo out of the West Tennessee Detention Facility during the pendency of the Petition. IT IS SO ORDERED, this 4th day of March, 2026. s/ Sheryl H. Lipman SHERYL H. LIPMAN CHIEF UNITED STATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION CARLOS ALBERTO GUTIERREZ ) HIDALGO, ) ) Petitioner, ) ) v. ) ) KRISTI NOEM, Secretary of the U.S. Department of Homeland Security; TODD M. ) No. 2:26-cv-02217-SHL-cgc ) LYONS, Director of U.S. Immigration and ) Customs Enforcement; Warden, West ) Tennessee Detention Facility; and PAM ) BONDI, Attorney General of the United ) States, ) Respondents. )

ORDER REQUIRING RESPONSE AND STAYING TRANSFER

On March 2, 2026, pro se Petitioner Carlos Alberto Gutierrez Hidalgo filed the Emergency Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241. (ECF No. 2.) He states that he is a citizen of Venezuela who entered the United States on September 24, 2023. (Id. at PageID 3.) On October 30, 2025, Gutierrez Hidalgo was detained by ICE “without a criminal warrant.” (Id.) After being diagnosed with colon cancer during ICE detention, he “challenges the constitutionality of his continued civil immigration detention and the denial of adequate medical care for a life-threatening medical condition.” (ECF No. 2 at PageID 2–3.) He asserts that, “[d]espite this diagnosis, [he] has not received timely oncology treatment, surgical intervention, chemotherapy, or consistent follow-up care.” (Id. at PageID 3.) At a December 1 custody redetermination hearing before an Immigration Judge, he was denied bond under Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (B.I.A. 2025). (ECF No. 2-2 at PageID 24–25.) The Petition seeks immediate release from Respondents’ custody. (ECF No. 2 at PageID 4.) Gutierrez Hidalgo states that he served the Petition on all Respondents on February 24. (Id. at PageID 5–6.) Upon review of the Petition, it is ORDERED as follows: (1) The Clerk is directed to email a copy of this Order to the United States Attorney

for the Western District of Tennessee at the following email address: stuart.canale@usdoj.gov. (2) Respondents shall respond to the Petition in writing within five days of this Order. (3) Gutierrez Hidalgo may file a reply after Respondents’ responsive filing. (4) Respondents shall not transfer Gutierrez Hidalgo out of the West Tennessee Detention Facility during the pendency of the Petition. IT IS SO ORDERED, this 4th day of March, 2026. s/ Sheryl H. Lipman SHERYL H. LIPMAN CHIEF UNITED STATES DISTRICT JUDGE

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Carlos Alberto Gutierrez Hidalgo v. Kristi Noem, Secretary of the U.S. Department of Homeland Security; Todd M. Lyons, Director of U.S. Immigration and Customs Enforcement; Warden, West Tennessee Detention Facility; and Pam Bondi, Attorney General of the United States, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlos-alberto-gutierrez-hidalgo-v-kristi-noem-secretary-of-the-us-tnwd-2026.

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