UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ______
JESUS ENRIQUE QUINTERO- MARTINEZ, Case No. 1:25-cv-1507 Petitioner, Honorable Paul L. Maloney v.
KEVIN RAYCRAFT et al.,
Respondents. ____________________________/ OPINION Petitioner initiated this action on November 6, 2025, by filing a counseled petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Pet., ECF No. 1.) Petitioner is a United States Immigration and Customs Enforcement (ICE) detainee currently detained at the North Lake Processing Center located in Baldwin, Lake County, Michigan. Petitioner originally filed his § 2241 petition in the Eastern District of Michigan. On November 13, 2025, Respondents filed their response (ECF No. 5) and, on November 18, 2025, Petitioner filed his reply (ECF No. 7), along with a request to exceed the Eastern District’s page limitation of seven pages (ECF No. 6). On November 21, 2025, the Eastern District of Michigan transferred the § 2241 petition to this Court for further proceedings. (ECF No. 9.) The parties have filed a joint stipulation, suggesting that the legal issues set forth in the petition are ripe for adjudication. (ECF No. 12.) Petitioner challenges the lawfulness of his current detention and asks the Court to, inter alia, assume jurisdiction over this matter, issue a writ of habeas corpus requiring that Respondents release Petitioner from custody unless the Petitioner is provided with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days, enjoin Respondents from re-detaining Petitioner during the pendency of his immigration court proceedings unless Respondents can show that Petitioner is a flight risk or danger to the community, declare that 8 U.S.C. § 1226(a)—and not 8 U.S.C. § 1225(b)(2)(A) —is the appropriate statutory provision that governs Petitioner’s detention and eligibility for bond, and award Petitioner fees and costs. (Pet., ECF No. 1, PageID.21–22.) For the
following reasons, the Court will conditionally grant Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Discussion I. Factual Background Petitioner is a citizen of Venezuela. (Pet., ECF No. 1, PageID.6.) On June 16, 2022, Petitioner entered the United States at the port of entry in Eagle Pass, Texas. (Jun. 18, 2022, Parole, ECF No, 7-2, PageID.131.) At that time, the United States Department of Homeland Security (DHS) paroled Petitioner into the United States under § “212(d)(5)” of the Immigration and Nationality Act (INA), which is codified at 8 U.S.C. § 1182(d)(5). (Id.) As a condition of Petitioner’s parole, Petitioner was required to report to the ICE office near his final destination within 60 days. (Id., PageID.134.)
On June 27, 2022, ICE “terminated” Petitioner’s parole, believing that Petitioner had been “paroled erroneously and not in compliance with the law.” (Hughley Decl. ¶ 7, ECF No. 5-2, PageID.79.) When Petitioner reported to the Detroit ERO office on August 19, 2022, ERO “pre- processed” Petitioner for a Form I-862 Notice to Appear (NTA) and ordered Petitioner to report to the Detroit ERO office again on November 8, 2022, for service of the NTA. (Id., ¶ 8.) On November 8, 2022, DHS issued Petitioner an NTA, charging Petitioner with inadmissibility under § 212(a)(6)(A)(i) of the INA because Petitioner is an immigrant “present in the United States without being admitted or paroled, or who arrived in the United States at any time or place other than as designated by the Attorney General.” (Nov. 22, 2022, NTA, ECF No. 7-3, PageID.135.) However, that same day, DHS released Petitioner on his own recognizance under the Alternatives to Detention (ATD) program. (Ord. of Release, ECF No. 7-4, PageID.136– 38.)
On June 16, 2023, Petitioner filed a Form I-589 Application for Asylum and for Withholding Removal. (Hughley Decl. ¶ 13, ECF No. 5-2, PageID.80.) And, on February 20, 2024, he filed a Temporary Protective Status (TPS) application with United States Citizenship Immigration Services (USCIS). (Id. ¶ 15, PageID.81.) Petitioner appeared before the Detroit Immigration Court on November 5, 2024. (Id. ¶ 16; Petitioner Decl. ¶ 12, ECF No. 8, PageID.142.) On August 10, 2025, Customs and Border Protection (CBP) encountered and arrested Petitioner while Petitioner was traveling through the Blue Water Bridge Port of Entry at or near Port Huron, Michigan. (Hughley Decl. ¶ 17, ECF No. 5-2, PageID.81.) ICE originally terminated him from the ATD program (id.); however, on October 3, 2025, ICE again paroled Petitioner from
custody because of Petitioner’s TPS application (id. ¶ 18, PageID.82). ICE ordered Petitioner to report to the Detroit ERO office on October 15, 2025. (Id.) When Petitioner reported to the Detroit ERO Office on October 15, 2025, ICE again arrested Petitioner, terminated him from the ATD program, and placed him in custody. (Id. ¶ 20, PageID.82.) Petitioner is scheduled for a hearing before the Detroit Immigration Court on February 18, 2026. (Id. ¶ 22, PageID.83.) II. Motion to Exceed Page Limits in Petitioner’s Brief With his Reply, Petitioner filed a motion for leave to file a twenty-five-page brief. (ECF No. 6, PageID.101.) In considering the documents filed by the parties and for the reasons set forth in the motion, the Court will grant Petitioner’s request. Petitioner’s reply (ECF No. 7) will be deemed properly filed. III. Habeas Corpus Legal Standard The Constitution guarantees that the writ of habeas corpus is “available 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). Section 2241 of Title 28 confers the federal courts with the power to issue writs of habeas corpus to persons “in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241. This includes challenges by non-citizens in immigration- related matters. See Zadvydas v. Davis, 533 U.S. 678, 687 (2001); see also A. A. R. P. v. Trump, 145 S. Ct. 1364, 1367 (2025). IV. Exhaustion Respondents argue that the Court should deny Petitioner’s request for habeas corpus relief because Petitioner has not exhausted his administrative remedies. (Resp., ECF No. 5, PageID.56– 57.) Here, no applicable statute or rule mandates administrative exhaustion by Petitioner. Thus, whether to require exhaustion is within this Court’s “sound judicial discretion.” See Shearson v.
Holder, 725 F.3d 588, 593–94 (6th Cir. 2013) (quoting McCarthy v. Madigan, 503 U.S. 140, 144 (1992)). “Courts have described an implied requirement to raise issues with an agency as a ‘judge- made,’ ‘prudential,’ or ‘common law’ duty to exhaust,” Island Creek Coal Co. v. Bryan, 937 F.3d 738, 746 (6th Cir. 2019) (citations omitted), and such a court-made exhaustion rule must comply with statutory schemes and Congressional intent, Shearson, 725 F.3d at 593–94. Notably, the United States Court of Appeals for the Sixth Circuit has not yet decided “whether courts should impose administrative exhaustion in the context of a noncitizen’s habeas petition for unlawful mandatory detention,” Pizarro Reyes v. Raycraft, No. 25-cv-12546, 2025 WL 2609425, at *3 (E.D. Mich. Sep. 9, 2025) (citing Hernandez Torrealba v. U.S. Dep’t of Homeland Sec., No. 1:25-cv- 1621, 2025 WL 2444114, at *8 (N.D. Ohio Aug. 25, 2025)), and “[t]he Sixth Circuit has not formally adopted a standard for determining when prudential exhaustion applies.” Lopez-Campos v. Raycraft, No. 2:25-cv-12486, 2025 WL 2496379, at *4 (E.D. Mich. Aug. 29, 2025). However, courts within the Sixth Circuit “have applied the three-factor test, set forth in United States v.
California Care Corp., 709 F.2d 1241, 1248 (9th Cir. 1983) (derived from McGee v. United States, 402 U.S. 479, 484[ (1971)]; McKart v. United States, 395 U.S. 185, 193–95[ (1969)),]” to determine whether prudential exhaustion should be required. Id. Under this three-factor test, Courts may require prudential exhaustion when: (1) agency expertise makes agency consideration necessary to generate a proper record and reach a proper decision; (2) relaxation of the requirement would encourage the deliberate bypass of the administrative scheme; and (3) administrative review is likely to allow the agency to correct its own mistakes and to preclude the need for judicial review. Id. (citing Shweika v. Dep’t of Homeland Sec., No. 1:06-cv-11781, 2015 WL 6541689, at *12 (E.D. Mich. Oct. 29, 2015)). Upon consideration of these factors, this Court concludes that prudential exhaustion should not be required in Petitioner’s case. Here, Petitioner’s § 2241 petition presents principally legal questions of statutory interpretation, which do not require the record that would be developed if the Court required Petitioner to exhaust his administrative remedies. Moreover, this Court is not bound by, and is not required to give deference to, any agency interpretation of a statute. See Loper Bright Enters. v. Raimondo, 144 S. Ct. 2244, 2273 (2024) (discussing that “courts need not and under the [Administrative Procedure Act (APA)] may not defer to an agency interpretation of the law simply because a statute is ambiguous”). Second, Petitioner’s constitutional challenge to his detention does not require exhaustion. The Sixth Circuit has noted that due process challenges generally do not require exhaustion because the Board of Immigration Appeals (BIA) cannot review constitutional challenges. See Sterkaj v. Gonzales, 439 F.3d 273, 279 (6th Cir. 2006) (discussing that “an alien’s due process challenge generally does not require exhaustion,” but noting that an “alien must raise correctable
procedural errors,” such as a claim “that the BIA denied him due process by relying upon an ‘incomplete and inaccurate’ transcript to review his case,” “to the BIA”). Finally, it is doubtful that BIA review of Petitioner’s custody would preclude the need for judicial review. The Court reaches that conclusion based upon the fact that the Government has clearly set forth its belief that all noncitizens are subject to mandatory detention during removal proceedings. And, recently the BIA proclaimed that all noncitizens are subject to mandatory detention under § 1225(b)(2)(A). See Matter of Yajure Hurtado, 29 I&N Dec. 216, 229 (BIA 2025). It is simply unlikely that any administrative review by the BIA would lead the Government to change its position, and thereby obviate the need for judicial review of Petitioner’s § 2241 petition. Accordingly, for the foregoing
reasons, this Court concludes that prudential exhaustion is not required. Alternatively, even in situations where a court may ordinarily apply prudential exhaustion, the court may still choose to waive exhaustion. See Lopez-Campos, 2025 WL 2496379, at *4 (citations omitted). A court may choose to rule upon the merits of the issues presented when the “legal question is ‘fit’ for resolution and delay means hardship.” Shalala v. Ill. Council on Long Term Care, Inc., 529 U.S. 1, 13 (2000) (citation omitted). A court may also waive exhaustion if the “pursuit of administrative remedies would be a futile gesture.” Shearson, 725 F.3d at 594 (citation omitted). Here, given the Government’s position and the BIA’s recent decision in Yajure Hurtado, requiring Petitioner to exhaust his administrative remedies would likely be futile. Moreover, it is clear that delay would result in hardship to Petitioner. It is “unmistakable that . . . depriving [Petitioner] of his liberty while awaiting a BIA appeal decision certainly equates to hardship. And any delay results in the very harm [Petitioner] is trying to avoid . . . – detention.” See Lopez-
Campos, 2025 WL 2496379, at *5. In sum, the Court declines to enforce the doctrine of prudential exhaustion against Petitioner. Moreover, even if the Court were to conclude that exhaustion is warranted, the Court concludes in the alternative that waiver of exhaustion is appropriate. Accordingly, the Court will proceed to address the merits of Petitioner’s § 2241 petition. V. Merits Discussion A. Statutory and Regulatory Basis for Petitioner’s Parole and Recent Detention Here, before the various Notices to Appear, detentions, releases, and final re-detention, Petitioner entered the United States at a port of entry and was paroled into the United States under 8 U.S.C. § 1182(d)(5)(A). (Jun. 18, 2022, Parole, ECF No, 7-2, PageID.131.) Petitioner also filed a Form I-589 Application for Asylum and Withholding Removal, which remains pending.
(Hughley Decl. ¶ 13, ECF No. 5-2, PageID.80.) The INA “establishes the framework governing noncitizens’ entry into and removal from the United States, with regulations promulgated by the enforcing agencies providing further governance.” Y-Z-L-H v. Bostock, 792 F. Supp. 3d 1123, 1132 (D. Or. 2025). “Noncitizens who arrive at a port of entry without a visa or other entry document, like Petitioner, are deemed ‘inadmissible’ under 8 U.S.C. § 1182(a)(7)” due to their lack of entry documents. Id. at 1132 & n.7 (noting that “[d]epending on the circumstances, other categories of inadmissibility may also apply, but § 1182(a)(7) applies for noncitizens without proper documentation”). Once a noncitizen is deemed inadmissible, “the immigration officer must order the noncitizen’s removal unless the noncitizen indicates an intention to apply for asylum or fear of prosecution.” Id. (citing 8 U.S.C. § 1225(b)(1)(A)(i)). The government may place the noncitizen into expedited removal proceedings, see 8 U.S.C. § 1225(b)(1), or the government may place the noncitizen into regular removal proceedings under 8 U.S.C. § 1229(a). See Y-Z-L-H, 792 F. Supp. 3d at 1132–33 (citing
8 U.S.C. § 1225(b)(2)). Section 1225(b)(2)(A) provides that “in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 1229a of this title.” 8 U.S.C. § 1225(b)(2)(A). However, “applicants for admission may be temporarily released on parole [into the United States] ‘for urgent humanitarian reasons or significant public benefit,’” as set forth in 8 U.S.C. § 1182(d)(5)(A). Jennings v. Rodriguez, 583 U.S. 281, 288 (2018) (quoting 8 U.S.C. § 1182(d)(5)(A)). The decision to grant parole pursuant to 8 U.S.C. § 1182(d)(5)(A) is determined “on a case-by-case basis.” 8 U.S.C. § 1182(d)(5)(A). Then,
“when the purpose of the parole has been served,” § 1182(d)(5)(A) provides that “the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.” Jennings, 583 U.S. at 288 (quoting 8 U.S.C. § 1182(d)(5)(A)). To terminate the previously granted parole, the agency must comply with the applicable regulatory and statutory requirements. As set forth in 8 C.F.R. § 212.5(e)(2)(i), which governs the “[t]ermination of parole,” In cases not covered by paragraph (e)(1) of this section,[1] upon accomplishment of the purpose for which parole was authorized or when in the opinion of one of the officials listed in paragraph (a) of this section, neither humanitarian reasons nor public benefit warrants the continued presence of the alien in the United States, parole shall be terminated upon written notice to the alien and he or she shall be restored to the status that he or she had at the time of parole. 8 C.F.R. § 212.5(e)(2)(i). That is, “[u]nder the governing regulation, [§ 1182(d)(5)(A)] parole may be terminated only if the purpose of parole is accomplished, or humanitarian reasons and the public benefit no longer warrant parole.” Loaiza Arias v. LaRose, No. 3:25-cv-02595-BTM-MMP, 2025 WL 3295385, at *3 (S.D. Cal. Nov. 25, 2025) (citing 8 C.F.R. § 212.5(e)). As explained below, the Court concludes that Respondents have failed to follow the applicable statutory and regulatory provisions to terminate Petitioner’s parole. Cf. Coal. for Humane Immigrant Rts. v. Noem, No. 25- cv-872 (JMC), 2025 WL 2192986, at *2 (D.D.C. Aug. 1, 2025) (holding that the government failed to follow the applicable statutory and regulatory provisions and that paroled noncitizens cannot be subject to expedited removal proceedings); Salgado Bustos v. Raycraft, No. 25-13202, 2025 WL 3022294, at *5–7 (E.D. Mich. Oct. 29, 2025) (same); E.V. v. Raycraft, No. 4:25-cv-2069, 2025 WL 2938594, at *10 (N.D. Ohio Oct. 16, 2025) (same). First, based on the information before the Court, it does not appear that the purpose of Petitioner’s parole has been accomplished. Petitioner fled from Venezuela and entered the United States at a port of entry. (Jun. 18, 2022, Parole, ECF No, 7-2, PageID.131.) At that time, Petitioner
1 Paragraph (e)(1) provides for the automatic termination of parole without written notice where the noncitizen has either departed from the United States or at the expiration of time for which the parole was authorized. The parties have not suggested that either circumstance applies here. was granted parole pursuant to 8 U.S.C. § 1182(d)(5)(A), which provides for parole into the United States “for urgent humanitarian reasons or significant public benefit.” 8 U.S.C. § 1182(d)(5)(A); (Id.) Petitioner filed a Form I-589 Application for Asylum and Withholding Removal, which remains pending. (Hughley Decl. ¶ 13, ECF No. 5-2, PageID.80.) Thus, when Petitioner was recently arrested and detained, Petitioner was still seeking asylum. (Id.) Moreover, there is nothing
before the Court to suggest that the humanitarian reason or public benefit that justified Petitioner’s parole no longer applies. Respondents claim that, within days of granting Petitioner parole under § 1182(d)(5)(A), they simply “terminated” it on the grounds that “he was paroled erroneously.” (Hughley Decl. ¶ 7, ECF No. 5-2, PageID.79.) This action was not authorized by law. District courts that have addressed the termination of § 1182(d)(5)(A) parole “have found that just as a grant of parole requires an individualized review, revocation of parole requires a case- by-case assessment to comply with the statute,” and the Court finds the reasoning in these non- binding cases to be persuasive. Mata Velasquez v. Kurzdorfer, 794 F. Supp. 3d 128, 146
(W.D.N.Y. 2025) (citations omitted) (addressing this issue, and granting the petitioner’s motion for preliminary injunction and ordering that the petitioner be released); see, e.g., Y-Z-L-H, 792 F. Supp. 3d at 1137–47 (addressing this issue, and granting the petitioner’s habeas petition and ordering that the petitioner be released from custody); Loaiza Arias, 2025 WL 3295385, at *2–4 (same); Noori v. LaRose, No. 25-cv-1824-GPC-MSB, 2025 WL 2800149, at *10–13 (S.D. Cal. Oct. 1, 2025) (same); Munoz Materano v. Arteta, No. 25 CIV. 6137 (ER), --- F. Supp. 3d ----, 2025 WL 2630826, at *14–17 (S.D.N.Y. Sept. 12, 2025) (same); Gabriel B.M. v. Bondi, No. 25-cv-4298 (KMM/EMB), 2025 WL 3443584, at *6–7 (D. Minn. Dec. 1, 2025) (addressing this issue, and granting the petitioner’s request for a preliminary injunction and ordering the petitioner’s release from custody); Orellana v. Francis, No. 25-cv-04212 (OEM), 2025 WL 2822640, at *2–3 (E.D.N.Y. Oct. 3, 2025) (addressing the issue in the context of a motion for reconsideration filed by the respondents, and affirming the court’s grant of habeas relief to the petitioner and the court’s order to release the petitioner). But see Doe v. Noem, 152 F.4th 272, 278–79, 285 (1st Cir. 2025) (reversing district court’s grant of preliminary relief and vacating district court’s stay of the
termination notice for previously granted parole because “Plaintiffs ha[d] not demonstrated a strong likelihood of success in showing that under the statute, the Secretary must terminate these grants of parole under the [parole] program[s] on an individual basis”). Here, there is no indication in the record before the Court that such case-by-case determination regarding the revocation of Petitioner’s parole was made. In summary, as explained above, based on the information that is presently before the Court, there is no indication that Respondents followed the applicable statutory and regulatory requirements to revoke Petitioner’s parole. If Respondents did not follow the applicable statutory and regulatory requirements to properly revoke Petitioner’s previously granted parole, then they
did not have the authority to arrest and detain Petitioner, “unless there [wa]s some other valid reason to arrest him.” Mata Velasquez, 794 F. Supp. 3d at 145; cf. Norfolk S. Ry. Co. v. U.S. Dep’t of Lab., No. 21-3369, 2022 WL 17369438, at *6 (6th Cir. Dec. 2, 2022) (discussing that “an agency’s action that fails to observe the procedures required by its own regulations should be set aside” (citation omitted)); Wilson v. Comm’r of Soc. Sec., 378 F.3d 541, 545 (6th Cir. 2004) (“It is an elemental principle of administrative law that agencies are bound to follow their own regulations[,] . . . [and] ‘[a]n agency’s failure to follow its own regulations tends to cause unjust discrimination and deny adequate notice and consequently may result in a violation of an individual’s constitutional right to due process.’” (additional internal quotation marks omitted) (quoting Sameena, Inc. v. U.S. Air Force, 147 F.3d 1148, 1153 (9th Cir. 1998))). Respondents do not claim that they had any reason to arrest and detain Petitioner other than his status as a noncitizen. Indeed, Respondents argue that any noncitizen, regardless of whether they are already present and residing in the United States, is “an alien seeking admission” subject to mandatory detention under § 1225. This Court and other courts throughout the country have rejected this
argument. Cf., e.g., Salgado Mendoza v. Noem, No. 1:25-cv-1252, 2025 WL 3077589, at *6 (W.D. Mich. Nov. 4, 2025); Ruiz Mejia v. Noem, No. 1:25-cv-1227, 2025 WL 3041827, at *5–6 (W.D. Mich. Oct. 31, 2025); De Jesus Ramirez v. Noem, No. 1:25-cv-1261, 2025 WL 3039266, at *5 (W.D. Mich. Oct. 31, 2025); Escobar-Ruiz v. Raycraft, No. 1:25-cv-1232, 2025 WL 3039255, at *5 (W.D. Mich. Oct. 31, 2025); Marin Garcia v. Noem, No. 1:25-cv-1271, 2025 WL 3017200, at *5 (W.D. Mich. Oct. 29, 2025); Cervantes Rodriguez v. Noem, No. 1:25-cv-1196, 2025 WL 3022212, at *6 (W.D. Mich. Oct. 29, 2025); Puerto-Hernandez v. Lynch, No. 1:25-cv-1097, 2025 WL 3012033, at *9 (W.D. Mich. Oct. 28, 2025); Rodriguez Carmona v. Noem, No. 1:25-cv-1131, 2025 WL 2992222, at *6 (W.D. Mich. Oct. 24, 2025).
Accordingly, for the reasons set forth above, the Court concludes that Respondents failed to follow the applicable statutory and regulatory requirements to revoke Petitioner’s § 1182(d)(5)(A) parole.2
2 Even if Respondents had properly terminated Petitioner’s parole under the applicable statutory and regulatory requirements, Petitioner would not be subject to mandatory detention under § 1225(b)(2). (See Resp., ECF No. 5, PageID.57.) For the same reasons set forth in the Court’s numerous prior decisions, § 1226(a), not § 1225(b)(2)(A), governs noncitizens, such as Petitioner, who have resided in the United States and were already within the United States when apprehended and arrested. See, e.g., Salgado Mendoza v. Noem, No. 1:25-cv-1252, 2025 WL 3077589, at *6 (W.D. Mich. Nov. 4, 2025); Ruiz Mejia v. Noem, No. 1:25-cv-1227, 2025 WL 3041827, at *5–6 (W.D. Mich. Oct. 31, 2025); De Jesus Ramirez v. Noem, No. 1:25-cv-1261, 2025 WL 3039266, at *5 (W.D. Mich. Oct. 31, 2025); Escobar-Ruiz v. Raycraft, No. 1:25-cv-1232, 2025 WL 3039255, at *5 (W.D. Mich. Oct. 31, 2025); Marin Garcia v. Noem, No. 1:25-cv-1271, 2025 WL 3017200, at *5 (W.D. Mich. Oct. 29, 2025); Cervantes Rodriguez v. Noem, No. 1:25-cv-1196, 2025 WL B. Fifth Amendment Due Process Considerations Petitioner argues that his detention violates the Fifth Amendment’s Due Process Clause. (See Pet., ECF No. 1, PageID.20–21.) Respondents counter Petitioner’s arguments, arguing that Petitioner is entitled to no further process at this time because Petitioner has access to counsel, he has attended several hearings with an immigration judge, he has the right to request bond and
appeal any bond decision by the immigration court, and he has been detained by ICE for less than three months.” (Resp., ECF No. 5, PageID.56.) “Freedom from imprisonment—from government custody, detention, or other forms of physical restraint—lies at the heart of the very liberty that [the Due Process Clause] protects.” Zadvydas v. Davis, 533 U.S. 678, 690 (2001) (citation omitted). The Fifth Amendment’s Due Process Clause extends to all persons, regardless of status. See A. A. R. P. v. Trump, 145 S. Ct. 1364, 1367 (2025). Thus, noncitizens, such as Petitioner, are entitled to its protections. See id.; see also Chavez-Acosta v. Garland, No. 22-3045, 2023 WL 246837, at *3 (6th Cir. Jan. 18. 2023). The Sixth Circuit held that the balancing test set forth in Mathews v. Eldridge, 424 U.S. 319 (1976), regarding the adequacy of process, applies in the context of immigration detention.
See, e.g., United States v. Silvestre-Gregorio, 983 F.3d 848, 852–56 (6th Cir. 2020) (“If this court has previously addressed the due-process claim, then we are bound by precedent; if the claim is an issue of first impression, then we generally apply the three-factor test the Supreme Court set out in Mathews v. Eldridge.”). Under Mathews, the Court must consider the following three factors: “(1) the private interest that will be affected by official action; (2) the risk of erroneous deprivation
3022212, at *6 (W.D. Mich. Oct. 29, 2025); Puerto-Hernandez v. Lynch, No. 1:25-cv-1097, 2025 WL 3012033, at *9 (W.D. Mich. Oct. 28, 2025); Rodriguez Carmona v. Noem, No. 1:25-cv-1131, 2025 WL 2992222, at *6 (W.D. Mich. Oct. 24, 2025); Sanchez Alvarez v. Noem, No. 1:25-cv- 1090, 2025 WL 2942648, at *6 (W.D. Mich. Oct. 17, 2025). And, this Court is far from the first federal District Court to reach this conclusion. of that interest; and (3) the government’s interest, including the fiscal and administrative burdens that the additional or substitute procedures entail.” See Lopez-Campos, 2025 WL 2496379, at *9 (citing Mathews, 424 U.S. at 335). The first Mathews factor clearly weighs in favor of Petitioner. Here, Petitioner entered the United States at a port of entry, and Respondents granted Petitioner parole into the United States,
determining that Petitioner was not a flight risk or danger. Respondents have now detained Petitioner, and there is no dispute that Petitioner has a significant private interest in avoiding detention, as one of the “most elemental of liberty interests” is to be free from detention. Hamdi v. Rumsfeld, 542 U.S. 507, 529 (2004) (citation omitted). The Court may also consider Petitioner’s conditions of confinement, i.e., “whether a detainee is held in conditions indistinguishable from criminal incarceration.” See Günaydin v. Trump, 784 F. Supp. 3d 1175, 1187 (D. Minn. 2025) (citing Hernandez-Lara v. Lyons, 10 F.4th 19, 28 (1st Cir. 2021); Velasco Lopez v. Decker, 978 F.3d 842, 851 (2d Cir. 2020)). There can be no doubt that he is “experiencing [many of] the deprivations of incarceration, including loss of contact with friends and family, loss of income
earning, . . . lack of privacy, and, most fundamentally, the lack of freedom of movement.” See Günaydin, 784 F. Supp. 3d at 1187. The second Mathews factor also weighs in Petitioner’s favor. Clearly, there is a high risk of erroneously depriving Petitioner of his freedom if Petitioner does not receive an individualized determination regarding the revocation of his parole. “To mitigate the risk of erroneous deprivation, due process would require, ‘at [a] minimum, the opportunity for [Petitioner] to submit evidence relevant to whether [the government] should revoke [his parole] before [it] make[s] a revocation decision.’” Mata Velasquez v. Kurzdorfer, 794 F. Supp. 3d 128, 153 (W.D.N.Y. 2025) (citation omitted). Finally, under the third Mathews factor, the Court recognizes that the Government “does, indeed, have a legitimate interest in ensuring noncitizens’ appearance at removal proceedings and preventing harms to the community.” See Sampiao v. Hyde, No. 1:25-cv-11981-JEK, 2025 WL 2607924, at *12 (D. Mass. Sep. 9, 2025) (citation omitted). However, Respondents have not shown that they have a significant interest in Petitioner’s continued detention. Notably, continuing to
enforce Petitioner’s detention would likely impose more costs upon the Government, as it would be required to continue funding and overseeing Petitioner’s detention. See id. In sum, the Court’s balancing of the Mathews factors weighs in Petitioner’s favor. Accordingly, the Court concludes that Petitioner’s current detention violates Petitioner’s Fifth Amendment due process rights. VI. Proper Respondents Respondents argue that the Detroit ICE Field Office Director is the only proper Respondent in this action, and they seek the dismissal of all of the other named Respondents. (Resp., ECF No. 5, PageID.54.) “The writ of habeas corpus does not act upon the prisoner who seeks relief, but upon the
person who holds him in what is alleged to be unlawful custody.” Braden v. 30th Jud. Cir. Ct. of Ky., 410 U.S. 484, 494–95 (1973). Thus, [r]ead literally, the language of § 2241(a) requires nothing more than that the court issuing the writ have jurisdiction over the custodian. So long as the custodian can be reached by service of process, the court can issue a writ “within its jurisdiction” requiring that the prisoner be brought before the court for a hearing on his claim, or requiring that he be released outright from custody, even if the prisoner himself is confined outside the court’s territorial jurisdiction. Id. at 495. The Sixth Circuit has concluded “that a detained alien generally must designate his immediate custodian—the [Immigration and Naturalization Service (INS), the predecessor to the present immigration-related agencies,] District Director for the district where he is being detained—as the respondent to his habeas corpus petition.” Roman v. Ashcroft, 340 F.3d 314, 322 (6th Cir. 2003). Here, Petitioner has named the Director of the Detroit Field Office of ICE, the United States Secretary of Homeland Security, DHS, the Attorney General of the United States, and the Executive Office for Immigration Review as Respondents. (Pet., ECF No. 1, PageID.1, 6–
7.) In Roman v. Ashcroft, the Sixth Circuit stated that although it “conclude[d] that the immediate custodian rule generally applies to alien habeas corpus petitioners, . . . [there is] the possibility of exceptions to this rule.” Roman, 340 F.3d at 322. The Roman court explained: Some courts are also willing to make an exception to the immediate custodian rule in other extraordinary circumstances. For example, courts have noted the INS’s ability, as a practical matter, to deny aliens any meaningful opportunity to seek habeas corpus relief simply by transferring aliens to another district any time they filed a habeas corpus petition. Chavez–Rivas[ v. Olsen], 194 F. Supp. 2d [368,] 374 [(D.N.J. 2002)]. Aliens remaining in detention for extended periods are often transferred several times during their detention. See Lee v. Ashcroft, 216 F. Supp. 2d 51, 55 (E.D.N.Y. 2002) (“[T]he location of custody, and the identity of the day- to-day custodian, frequently change when detainees are transferred among INS facilities, all of which are under the control of the Attorney General.”); . . . . In light of these transfers, one court reasoned that an alien may properly name a respondent other than his immediate custodian because a petition naming a higher level official, such as the Attorney General, could be adjudicated without interruption in the event of a transfer. Arias–Agramonte[ v. Comm’r], [No. 00 CIV. 2412 (RWS),] 2000 WL 1617999, at *8 [(S.D.N.Y. Oct. 30, 2000)] (explaining that a petition naming only one’s immediate custodian would be dismissed when the alien was transferred to another local district). Id. at 325–26. Thus, the Sixth Circuit concluded, “an exception might be appropriate if the INS were to exercise its transfer power in a clear effort to evade an alien’s habeas petitions.” Id. at 326. In light of the foregoing, to ensure that Respondents maintain authority to enforce this Court’s grant of habeas relief in the event that Petitioner is transferred out of the Western District of Michigan, the Court will not dismiss Secretary Noem as a Respondent to these proceedings. The Court will, however, dismiss DHS, the Attorney General of the United States, and the Executive Office for Immigration Review as Respondents. VII. Petitioner’s Request for Limiting Order Petitioner asks the Court to issue an order limiting Respondents’ ability to re-detain Petitioner. (Pet., ECF No. 1, PageID.21.) As discussed in detail above, by statute and regulation,
ICE has the authority to re-arrest a noncitizen and revoke their release pending the outcome of removal proceedings only when there has been a change in circumstances since the individual’s initial parole such that “the purpose of parole is accomplished, or humanitarian reasons and the public benefit no longer warrant parole.” Loaiza Arias, 2025 WL 3295385, at *3 (citing 8 C.F.R. § 212.5(e)). The government’s authority to arrest a noncitizen and revoke their parole is likewise constrained by the Due Process Clause because it is well-established that individuals—including noncitizens—have a core liberty interest in remaining free from restraint. See Zadvydas, 533 U.S. at 690. For the same reasons discussed above, when considering the Mathews factors, Petitioner has a substantial private liberty interest in remaining on parole. Respondents have not presented
the Court with any competing interest that would justify re-detaining Petitioner without a hearing before an immigration judge, let alone one what would outweigh Petitioner’s liberty interest under the circumstances before the Court. See, e.g., Ortega v. Bonnar, 415 F. Supp. 3d 963, 970 (N.D. Cal. 2019) (“If the government wishes to re-arrest Ortega at any point, it has the power to take steps toward doing so; but its interest in doing so without a hearing is low.”) Therefore, if the government wishes to re-detain Petitioner based upon his status as a noncitizen, it has the power to do so, but only with a hearing, with adequate notice, in immigration court and in accordance with the INA. Conclusion For the reasons discussed above, the Court will enter a judgment granting Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) The Court will order Respondents to release Petitioner from custody, subject to any conditions that existed under Petitioner’s § 1182(d)(5)(A) parole and will enjoin Respondents from re-detaining Petitioner
based upon his status as a noncitizen until a hearing, with adequate notice, is held in immigration court to determine whether his parole should be terminated under the INA. The Court will also order Respondents to file a status report within three days of the issuance of the Court’s opinion and judgment to certify compliance with this opinion and the corresponding judgment. Further, the Court will dismiss DHS, the Attorney General of the United States, and the Executive Office for Immigration Review as Respondents in this matter.
Dated: December 17, 2025 /s/ Paul L. Maloney Paul L. Maloney United States District Judge