Delia Hernandez Duque v. Scotty Maples, Kristi Noem, Pamela Bondi, Samuel Olson, Todd Lyons

Summary

The United States District Court for the Southern District of Indiana granted in part Delia Hernandez Duque’s habeas petition challenging her detention after the revocation of her order of supervision. The Court held that the government had not demonstrated compliance with the applicable regulatory procedures or shown that an authorized official had revoked the order. Respondents were ordered to complete the required revocation process by January 8, 2026, or release the petitioner subject to her most recent supervision conditions.

Holdings

1. Section 1252(g) did not bar jurisdiction because petitioner's claim challenged the lawfulness of her confinement rather than the decision to execute a removal order.
2. The record did not establish that petitioner's November 2025 re-detention fell within the 90-day mandatory detention period.
3. The government did not establish a lawful revocation of petitioner's order of supervision because it failed to show that an authorized official revoked the order and failed to provide the required notice and prompt informal interview.
4. The appropriate remedy was to order the government to complete the legally required revocation process promptly or release petitioner if it could not do so within the court-ordered timeframe.

Questions Presented

1. Whether 8 U.S.C. § 1252(g) barred judicial review of petitioner's challenge to her detention.
2. Whether petitioner's detention was authorized by the 90-day mandatory-detention provision of 8 U.S.C. § 1231(a)(1).
3. Whether the government lawfully revoked petitioner's order of supervision and returned her to custody under 8 C.F.R. § 241.4(l).
4. What remedy was appropriate for the government's failure to comply with the procedures governing revocation of release.

Disposition

other