Carlos Didier Marroquin Escobar v. Kristi Noem et al.

Summary

The United States District Court for the District of Maryland granted Carlos Didier Marroquin Escobar’s petition for a writ of habeas corpus challenging his detention by Immigration and Customs Enforcement. The court held that ICE failed to comply with 8 C.F.R. § 241.4(l) and related procedural requirements governing revocation of release, violating the Accardi doctrine and due process. The court ordered his release under prior supervision conditions and enjoined re-detention absent adequate notice, an opportunity to be heard, and regulatory compliance.

Holdings

1. The regulation governing ICE's revocation of Marroquin Escobar's release was 8 C.F.R. § 241.4(l), not § 241.13(i), because § 241.13(i) applies to noncitizens detained beyond the ninety-day removal period following a final order of removal.
2. ICE violated the Accardi doctrine and due process by detaining Marroquin Escobar without complying with the procedural safeguards required by 8 C.F.R. § 241.4(l).
3. Immediate release was the appropriate remedy for detention imposed without the process required by the governing regulations and the Fifth Amendment.

Questions Presented

1. Whether ICE violated the Accardi doctrine and due process by revoking Marroquin Escobar's order of supervision and detaining him without complying with 8 C.F.R. § 241.4(l)'s requirements for authorization, notice, and an opportunity to be heard.
2. Whether the regulatory framework governing the revocation of Marroquin Escobar's release was 8 C.F.R. § 241.4(l), rather than 8 C.F.R. § 241.13(i).

Disposition

writ_granted