ORDER
This matter comes before the Court on petitioner Yeferson J. Rodriguez Alvarerz's Petition for Writ of Habeas Corpus [Docket No. 1]. Respondents filed a response. Docket No. 25.
I. BACKGROUND2
Petitioner is a citizen of Venezuela who entered the United States in approximately July 2022. Docket No. 1 at 3, ¶ 1. Petitioner has a pending asylum application and has been granted a valid Employment Authorization Document. Id., ¶¶ 2-3. While in the United States, petitioner was stopped by police for a traffic violation
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and fled the scene. Id., ¶¶ 5-6. The police deployed a K-9 unit that caused petitioner to suffer dog bites and a dislocated arm. Id., ¶ 6. Petitioner underwent surgery and was then transferred to Immigration Customs and Enforcement Custody ("ICE"). Id., ¶ 8. Petitioner is detained at the Denver Contract Detention Facility in Aurora, Colorado. Id. at 2. Petitioner has been in ICE custody for approximately six months since March 30, 2026. Id. at 3, ¶ 8. On March 30, 2026, petitioner filed a petition for writ of habeas corpus, arguing that his current detention violates his right to due process and 28 U.S.C. § 1226. Id. at 3-6. Among other relief, petitioner asks that the Court order petitioner's immediate release or that respondents provide petitioner a bond hearing. Id. at 6.
II. ANALYSIS
The parties disagree on whether petitioner's detention is governed by 8 U.S.C. § 1226 or 8 U.S.C. § 1225. Id. at 5-6; Docket No. 25 at 2-5. Petitioner contends that his detention is controlled by § 1226(a), as a noncitizen who was paroled into the United States, and he is therefore entitled to a bond hearing. See id. at 5-6. Respondents, however, contend that 8 U.S.C. § 1225(b)(2)(A) applies to noncitizens like petitioner who are present in the United States without being admitted. Docket No. 25 at 2-5. Respondents claim that petitioner is therefore not entitled to a bond hearing and is subject to mandatory detention. See id.
On many occasions, this Court has analyzed whether § 1225 or § 1226 applies to petitioners who were detained when already present in the United States without inspection and who face removal proceedings. See, e.g., Moncada-Hernandez v. Trump, No. 26-cv-00436-PAB, 2026 WL 472744, at *2-3 (D. Colo. Feb. 19, 2026); De La Cruz v. Baltazar, No. 26-cv-00360-PAB, 2026 WL 439217, at *2 (D. Colo. Feb. 16, Case No. 1:26-cv-01329-PAB Document 27 filed 05/01/26 USDC Colorado pg 2
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2026); Gabriel-Morales v. Bondi, No. 26-cv-00392-PAB, 2026 WL 415597, at *2 (D. Colo. Feb. 13, 2026). Each time, the Court has ruled that the petitioner's detention is governed by § 1226. Id.
Respondents identify no reasons why this case differs from the previous cases the Court has already ruled on. See generally Docket No. 25. Because the Court finds no distinguishing material facts between this case and previous cases, the Court will grant the habeas petition for the same reasons previously stated. Because there is no evidence that petitioner has been provided a bond hearing, his current detention violates § 1226(a).3The Court will grant the habeas petition on the § 1226 claim and will order respondents to provide petitioner a bond hearing within seven days of the date of this order.4
III. CONCLUSION
Therefore, it is
ORDERED that petitioner Yeferson J. Rodriguez Alvarerz's Petition for Writ of Habeas Corpus [Docket No. 1] is GRANTED. It is further
ORDERED that, within seven days of the date of this Court's order, respondents shall provide petitioner with a bond hearing under 8 U.S.C. § 1226(a), where the
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government shall bear the burden of proving that petitioner's continued detention is justified.5It is further
ORDERED that within five days of petitioner's bond hearing, the parties shall file a status report indicating whether the bond hearing was held and whether bond was granted or denied.
DATED May 1, 2026.
BY THE COURT:
s/ Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge