Leonaldo Alfonzo Granadillo-Arambule v. James A. Daley, et al.

CourtDistrict Court, E.D. Kentucky
DecidedApril 29, 2026
Docket2:26-cv-00036
StatusUnknown

This text of Leonaldo Alfonzo Granadillo-Arambule v. James A. Daley, et al. (Leonaldo Alfonzo Granadillo-Arambule v. James A. Daley, et al.) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leonaldo Alfonzo Granadillo-Arambule v. James A. Daley, et al., (E.D. Ky. 2026).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION at Covington

LEONALDO ALFONZO ) GRANADILLO-ARAMBULE, ) ) Civil Action No. 2:26-cv-00036-SCM Petitioner, ) ) v. ) ) MEMORANDUM OPINION AND JAMES A. DALEY, et al., ) ORDER ) Respondents. )

*** *** *** *** Leonaldo Alfonzo Granadillo-Arambule is a noncitizen who has been detained by the Department of Homeland Security since July 2025 while undergoing removal proceedings. [Dkt. 1, Pet., at 7; Dkt. 7, Resp., at 3]. He filed a petition for a writ of habeas corpus and a motion for a preliminary injunction asserting that, as a Venezuelan national, he has Temporary Protected Status (“TPS”) under 8 U.S.C. § 1254a and therefore cannot be removed or detained. [Dkt. 1 at 11; Dkt. 9, Mot. for a Temporary Restraining Order and Prelim. Inj., at 1]. However, his TPS expired before his detention began because DHS terminated the relevant TPS designation for Venezuela as of April 7, 2025. Termination of the Oct. 3, 2023 Designation of Venez. for [TPS], 90 Fed. Reg. 9,040, 9,041 (Feb. 5, 2025) (hereinafter, the “2025 Termination”). The Petitioner argues that he is nevertheless entitled to relief as a TPS holder because another district court declared DHS’s termination of the TPS designation invalid. See Nat’l TPS All. v. Noem, No. 25-cv-01766-EMC, 2025 WL 3539156 (N.D. Cal. Dec. 10, 2025). But that court lacked jurisdiction, and neither this Court nor the Respondents are bound by the declaration. Thus, the habeas petition and motion must be denied.

I. Background A. The Petitioner’s Temporary Protected Status. The Petitioner is a Venezuelan national who entered the United States in October 2022 without inspection. [Dkt. 1 at 6; Dkt. 7 at 2]. He subsequently applied for TPS, which the United States Citizenship and Immigration Services granted on September 20, 2024. [Dkt. 1-1, Approval for TPS, at 2]. TPS is a special form of relief from deportation that the Secretary of DHS may

grant to nationals of a particular country.1 8 U.S.C. § 1254a. If the Secretary finds that such country is experiencing ongoing conflict, a disaster, or other dangerous conditions, then the Secretary may designate that country for TPS relief, effective upon publication in the Federal Register. Id. § 1254a(b)(1). Noncitizens with valid TPS relief may not be removed from the United States or detained on the basis of their immigration status. Id. § 1254a(a)(1)(A), (d)(4). The initial effectiveness period

lasts between 6 and 18 months, id. § 1254a(b)(2), and the Secretary must review the conditions in the designated country at least 60 days before the end of the initial period, id. § 1254a(b)(3)(a). During the review, the Secretary must decide whether to terminate the designation via notice in the Federal Register or extend the designation

1 Section 1254a originally granted this authority to the Attorney General, who subsequently delegated it to the Secretary of DHS. See Nat’l TPS Alliance, 166 F.4th 739, 754 n.7 (9th Cir. 2026) (citation omitted); 8 U.S.C. § 1103(a). for a period of 6, 12, or 18 months. Id. § 1254a(b)(3). To be eligible for TPS, a particular noncitizen must be continuously present in the United States since the effective date of the most recent designation of his or her country of origin, must have

continuously resided in the United States since such date, must be admissible as an immigrant, and must have timely applied for TPS during the registration period. Id. § 1254a(c)(1). Venezuela was designated for TPS in 2021 when then-DHS-Secretary Mayorkas found that extraordinary and temporary conditions made it unsafe for Venezuelan citizens to return there. Designation of Venez. for [TPS], 86 Fed. Reg.

13,574 (Mar. 9, 2021). Later, Venezuela’s 2021 designation was extended through September 10, 2025, which applied to TPS beneficiaries who applied under the initial designation. Extension and Redesignation of Venez. for [TPS], 88 Fed. Reg. 68,130 (Oct. 3, 2023). At the same time, then-Secretary Mayorkas redesignated Venezuela for TPS, which created a second track for relief that began on October 3, 2023, and would end on April 2, 2025. Id. Then, on January 17, 2025, then-Secretary Mayorkas consolidated the filing process for all Venezuelan TPS beneficiaries and extended the

designations until October 2, 2026. Extension of the 2023 Designation of Venez. for [TPS], 90 Fed. Reg. 5,961 (Jan. 17, 2025). However, then-DHS-Secretary Noem vacated the extension eleven days later, Vacatur of 2025 TPS Decision for Venez., 90 Fed. Reg. 8,805 (Feb. 3, 2025), and on February 5, 2026, she terminated the 2023 Venezuela designation. Termination of the Oct. 3, 2023 Designation of Venez. for [TPS], 90 Fed. Reg. 9,040, 9,041 (Feb. 5, 2025). According to then-Secretary Noem, it was “contrary to the national interest to permit the covered Venezuelan nationals to remain temporarily in the United States,” so the 2023 Venezuela designation was terminated effective April 7, 2025,

while the 2021 designation would expire on September 10, 2025. Id. Because the Petitioner arrived in the Unites States in 2022, he received TPS under the 2023 designation. [Dkt. 1 at 9 n.1; Dkt. 1-1 at 2]. According to the Petitioner’s USCIS receipt, his TPS was valid through April 2, 2025, [Dkt. 1-1 at 2], and on that date he applied for renewal, [Dkt. 1-3, TPS Renewal Application, at 2]. But his renewal application was never granted because of DHS’s termination of the

2023 Venezuela designation. On July 16, 2025, the Petitioner was arrested in Chicago, Illinois, pursuant to an administrative warrant because—according to DHS—his TPS had lapsed. [Dkt. 1 at 7; Dkt. 7-2, Arrest Warrant]. At that time, DHS also learned that the Petitioner was arrested in December 2024 for “aggravated assault—deadly weapon and domestic violence,” which was dismissed by nolle prosequi. [Dkt. 7-3, Warrant for Arrest of Alien, at 3]. DHS initiated removal proceedings by serving the Petitioner

with a Notice to Appear, [Dkt. 7 at 3], and transferred him to the Campbell County Detention Center in Newport, Kentucky, where he remains in immigration custody, [Dkt. 1 at 5, 7]. On March 9, 2026, the immigration court denied the Petitioner’s motion to terminate removal proceedings, but the court granted him pre-conclusion voluntary departure under 8 U.S.C. § 1229c(a)(1). [Dkt. 9 at 2 (citing Dkt. 9-2, Order of the Immigration Judge)]. The Petitioner then filed his Petition for a Writ of Habeas Corpus on February 2, 2026, seeking his immediate release from detention. [Dkt. 1 at 14]. The Respondents include James A. Daley as the Warden of the Campbell County

Detention Center, Russell Hott as the Director of the Chicago ICE Field Office, Todd M. Lyons as the Acting Director of ICE, Kristi Noem as then-Secretary of DHS, and Pamela Jo Bondi as then-Attorney General of the United States. [Id. at 5–6]. The Petitioner argues that his detention violates § 1254a and his right to due process under the Fifth Amendment because he is a TPS beneficiary. [Id. at 9–10]. Thus, he seeks relief through a writ of habeas corpus, which “is at its core a remedy for

unlawful executive detention.” Munaf v. Geren, 553 U.S. 674, 693 (2008). The Petitioner also filed an Ex Parte Motion for a Temporary Restraining Order and Preliminary Injunction, [Dkt. 9], based on the same grounds as his Petition.

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