Newark, NJ — A federal judge in New Jersey denied a habeas corpus petition filed by a Guatemalan national challenging his immigration detention, ruling that federal law requires his continued custody while credible fear proceedings remain pending.
In an opinion and order issued May 18, U.S. District Judge Edward S. Kiel rejected the petition filed by Pablo Melchor Rodriguez, who sought release from detention under 28 U.S.C. § 2241.
Court records show Rodriguez entered the United States in April 2018 before being detained shortly after crossing the border.
According to the filing, the Department of Homeland Security issued Rodriguez a Notice and Order of Expedited Removal on April 18, 2018, before releasing him two days later under an Order of Supervision.
ICE Revoked Release After Nearly Eight Years
Federal officials later revoked Rodriguez’s supervised release and detained him again on March 31, 2026, according to court documents.
Government attorneys argued Rodriguez remains subject to mandatory detention under federal immigration law because he was apprehended near a port of entry, found inadmissible, and placed into expedited removal proceedings.
Respondents told the court Rodriguez currently has a pending credible fear determination, a process used to evaluate whether migrants may face persecution or harm if returned to their home country.
Key Points
• A federal judge denied a habeas petition filed by a detained Guatemalan national in New Jersey
• ICE re-detained Pablo Melchor Rodriguez in March after previously releasing him in 2018
• The court ruled federal law requires detention while credible fear proceedings continue
Under 8 U.S.C. § 1225(b)(1)(B)(IV), noncitizens placed in expedited removal proceedings “shall be detained pending a final determination of credible fear of persecution.”
Judge Kiel concluded that statute controlled the case and supported Rodriguez’s continued detention while immigration proceedings remain unresolved.
Court Lifts Prior Restrictions
As part of the ruling, the court also lifted any location restrictions previously imposed on Rodriguez during the litigation.
The judge ordered the clerk of court to mail Rodriguez a copy of the opinion and formally close the case.
Rodriguez filed the petition without legal representation.
Federal immigration detention cases involving habeas corpus petitions have increased in recent years as detainees challenge prolonged custody, bond denials, and procedural delays tied to asylum and removal proceedings.
In this case, however, the court determined existing immigration statutes clearly authorized continued detention while the credible fear review remains pending.