Summary
The United States District Court for the District of Colorado granted Julio Jesus Buitrago Murzi’s petition for a writ of habeas corpus, concluding that his detention was improperly governed by 8 U.S.C. § 1225 rather than § 1226. The court ordered his immediate release, denied his motion for a temporary restraining order and preliminary injunction as moot, and imposed conditions on any future re-detention.
Court
United States District Court for the District of Colorado
Jurisdiction
United States District Court for the District of Colorado
Decision date
February 12, 2026
Docket number
1:26-cv-00359-CNS
Disposition
writ_granted
Questions Presented
- Whether Petitioner's detention was governed by 8 U.S.C. § 1225 or 8 U.S.C. § 1226 after he had been paroled into the United States and released pending removal proceedings.
- Whether the detention violated due process.
- Whether the appropriate remedy was immediate release or a bond hearing.
Holdings
- Because Petitioner had been paroled into the United States after arriving at a port of entry and had thereafter lived in the United States, his detention was governed by 8 U.S.C. § 1226 rather than 8 U.S.C. § 1225. His detention under the § 1225 framework was therefore improper.
- Petitioner's continued detention was unlawful and violated due process, or at minimum established a likelihood of success on the merits of his due-process claim.
- Immediate release, rather than a bond hearing, was the appropriate remedy because Respondents did not identify evidence that Petitioner posed a flight risk or danger to the community.
Court Document
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