Saul Morales Chavez v. Director of Detroit Field Office, et al.

CourtDistrict Court, N.D. Ohio
DecidedOctober 20, 2025
Docket4:25-cv-02061
StatusUnknown

This text of Saul Morales Chavez v. Director of Detroit Field Office, et al. (Saul Morales Chavez v. Director of Detroit Field Office, et al.) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Saul Morales Chavez v. Director of Detroit Field Office, et al., (N.D. Ohio 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISON

SAUL MORALES CHAVEZ, ) CASE NO. 4:25-cv-02061-SL ) Petitioner ) CHIEF JUDGE SARA LIOI ) v. ) MAGISTRATE JUDGE ) REUBEN J. SHEPERD DIRECTOR OF DETROIT FIELD OFFICE, ) ET AL., ) REPORT AND RECOMMENDATION ) Respondents. )

I. Introduction and Procedural History On September 29, 2025, Petitioner Saul Morales Chavez (“Chavez”) filed an application for a writ of habeas corpus under 28 U.S.C. § 2241, with an additional request for a show cause order under 28 U.S.C. § 2243. (ECF Docs. 1, 1-1). On October 2, 2025, the matter was referred to me for a report and recommended decision, including a referral directing Respondents to answer, and any appropriate order directed to the matter. (ECF Doc. 3). Pursuant to 28 U.S.C. § 2243, I ordered Respondents to provide their written response to the Petition, which they did on October 8, 2025. (ECF Doc. 6). I then held a hearing with all parties on October 16, 2025.1 The matter is fully ripe.

1 At the time of these proceedings, the government of the United States is under shutdown orders, with many federal employees placed on furlough or working without pay, including counsel representing Respondents and the persons holding Petitioner in custody. Given these constraints, the hearing was held by Zoom with the consent of the parties to ensure Petitioner received a timely hearing, rather than delaying the matter until such time an in-person hearing would be feasible. (Non-document entry of Oct. 10, 2025). II. Factual Background and Proceedings in Immigration Court2 Chavez is a citizen of Mexico, and has been living in the United States continuously since 2001. (ECF Doc. 1, Pet., ¶¶ 21, 24). He did not seek admittance on arrival in the United States. (ECF Doc. 6-1, Decl. of Luke Affholter (“Affholter Decl.”), ¶¶ 5-6). He has a fixed address in North Little Rock, Arkansas where he has lived for the last 16 years with his wife and two U.S.

citizen daughters. (ECF Doc. 1, ¶ 21). As presented in his Petition and before immigration officials, Chavez owns a home, pays taxes, and his daughters attend their local school. (Id.; see also ECF Doc. 1-7). Chavez alleges that harm could come to himself or his family were he to return to Mexico. (Id. ¶¶ 22, 23). He states that he fears persecution by the cartel if he returns to Mexico because his brother-in-law went missing and his former neighbor was murdered by the cartel. (Id. ¶ 22). He alleges his daughters could be targeted for crimes against women due to their age and mental health status, should they attempt to go with him or visit him in Mexico. (Id. ¶ 23). His current detention arose on his return from a vacation to Puerto Rico. (Id. ¶ 25). He

was apprehended by Customs and Border Protection officers on February 11, 2025 while attempting to board a flight to Washington, D.C. (Id.; see also Affholter Decl., ¶ 4). He presented his Mexican passport to the officers, but had no other valid entry documents. (Id.). He does not

2 At this stage of proceedings, allegations in the Petition are accepted as true and construed in Petitioner’s favor. See Alexander v. N. Bureau of Prisons, 419 F. App’x 544, 545-46 (6th Cir. 2011) (describing the pleadings standard and applying to the § 2243 stage in a § 2241 petition). In addition, “documents attached to the pleadings become part of the pleadings and may be considered” without converting to summary judgment. Id., quoting Commercial Money Ctr., Inc. v. Illinois Union Ins. Co., 508 F.3d 327, 335 (6th Cir. 2007). assert that he sought admission at any time prior to the events leading to this Petition.3 (Id. ¶ 24; see also Affholter Decl., ¶ 6). On this basis, the Department of Homeland Security commenced removal proceedings against Chavez under 8 U.S.C. § 1229a. (Affholter Decl. ¶ 7; see also ECF Doc. 6-1, pp. 18-21). On February 11, 2025, the Department of Homeland Security served Chavez a notice to appear,

alleging he is “an alien present in the United States who has not been admitted or paroled.” (ECF Doc. 6-1, p. 18). It also charged Chavez as a removable alien pursuant to Section 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act, on the basis of his being an immigrant not in possession of valid documentation, and alleging that he “entered the United States illegally and without being inspected and remained in the United States, living and working without the authorization of the Citizenship and Immigration Services.” (Id. at p. 21). He has been detained since February 12, 2025, and is currently held at the Northeast Ohio Correctional Center (“NEOCC”). (ECF Doc. 1, Pet., ¶ 1). On April 7, 2025, Chavez moved for a bond hearing before the Pompano Beach, Florida

immigration court; Respondents allege this court did not have jurisdiction over his bond determination or removal proceedings. (ECF Doc. 1-7; Affholter Decl., ¶ 8). On April 14, 2025, Chavez requested a bond redetermination hearing, which was held in Cleveland April 28, 2025 before an immigration judge, who determined Chavez was ineligible for release pending his removal hearings because he departed the United States without permission and was therefore found to be a flight risk. (ECF Doc. 1-3). Chavez moved to reconsider the bond determination,

3 Chavez has since applied for Asylum and Withholding of Removal, and Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents. (ECF Doc. 1, Pet., ¶ 24). At the time of his Petition, Chavez’s individual merits hearing was set for September 30, 2025; it has since been continued until October 30, 2025. (Id.; see also Affholter Decl., ¶¶ 13, 15). which was summarily denied on May 9, 2025. (ECF Doc. 1-4). He again appealed the detention decision, this time asserting that, because Puerto Rico is part of the United States, he had never departed the United States and, accordingly, did not need to seek permission. (See ECF Doc. 1-2, p. 2). After considering the evidence submitted by the parties, the immigration court denied Chavez’s appeal on May 19, 2025. (Id. at pp. 1-3). In its decision, the immigration court stated

that Chavez was “not subject to mandatory detention” and that the court would “consider whether [Chavez] is deserving of bond under INA section 236(a) [8 U.S.C. 1226(a)].4” (ECF Doc. 1-2, p. 2). In a more thorough determination correcting the implication that Puerto Rico was not a territory of the United States, the court denied his motion for bond redetermination, reasoning that Chavez was a flight risk because he did not contact ICE prior to his departure, which resulted in his being apprehended and detained upon reentry to the United States, and he was unable to provide appropriate documentation when asked by ICE officers. (ECF Doc. 1-2, p. 3). While Chavez continued pursuing his bond determination appeals, the Board of

Immigration Appeals (“BIA”) issued an interim decision in the Matter of Yajure Hurtado, determining that aliens seeking admission are subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A) and that immigration judges lack jurisdiction to make bond determinations under this statute. (ECF Doc. 1, Pet., ¶¶ 3, 8; see also ECF Doc.

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