Alexi Ayala Perez v. Kristi Noem, et al.

Summary

The court granted Alexi Ayala Perez’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. It held that Immigration and Customs Enforcement violated 8 C.F.R. § 212.5(e)(5) and due process by re-detaining Perez without written notice revoking his parole, an individualized determination, or an opportunity to be heard. The court ordered his immediate release under the same conditions that existed before his May 23, 2025 re-detention.

Holdings

1. ICE violated 8 C.F.R. § 212.5(e)(5) by detaining Petitioner without at least written notice revoking his parole.
2. Petitioner's sudden re-detention violated the Due Process Clause because he had a protected liberty interest in remaining free from detention and was taken back into custody without notice, an individualized determination, or an opportunity to be heard.

Questions Presented

1. Whether ICE violated 8 C.F.R. § 212.5(e)(5) by detaining Petitioner without written notice terminating or revoking his parole.
2. Whether Petitioner's sudden re-detention without notice, an individualized determination, or an opportunity to be heard violated the Due Process Clause.
3. Whether Petitioner was entitled to habeas relief and immediate release rather than merely a bond hearing.

Disposition

writ_granted