Rojas-Marcelo v. Noem

Summary

The United States District Court for the Western District of Texas adopted a magistrate judge’s report and recommendation granting Juan Carlos Rojas Marcelo’s petition for a writ of habeas corpus. The court ordered Respondents to release him from custody by December 23, 2025, and required a bond hearing if he is re-detained under 8 U.S.C. § 1226.

Holdings

1. Petitioner's continued detention under 8 U.S.C. § 1226 was unlawful, warranting habeas relief and release from custody.
2. The district court adopted the magistrate judge's Report and Recommendation and granted the requested habeas relief to the extent of ordering Petitioner's release.
3. If Petitioner is re-detained under 8 U.S.C. § 1226, Respondents must follow all applicable procedures, including affording Petitioner a bond hearing.

Questions Presented

1. Whether Petitioner's continued detention under 8 U.S.C. § 1226 was unlawful and warranted habeas relief.
2. Whether the district court should adopt the magistrate judge's recommendation to grant the writ and order Petitioner's release.

Disposition

writ_granted