BROOKLYN, NY – A federal judge has ordered the immediate release of a Colombian father held by U.S. Immigration and Customs Enforcement (ICE), finding that his detention violated federal immigration law and the Fifth Amendment’s guarantee of due process.
U.S. District Judge Nusrat J. Choudhury issued the decision in Covelli-Chaparro v. Bondi et al., ruling that ICE unlawfully detained Juan S. Covelli-Chaparro, who has lived in the United States since 2022, without justification or legal authority. The court found that his confinement since January 8, 2026, was governed by 8 U.S.C. § 1226(a) — which allows for discretionary release on bond — rather than by the mandatory detention provision in § 1225(b), as the government argued.
Covelli-Chaparro entered the United States legally on parole through San Luis, Arizona, with his partner and two children in April 2022 and was later released on his own recognizance following a Department of Homeland Security review. According to court records, he has lived continuously in the U.S. for nearly four years, has no criminal history, and has never been deemed a flight risk or threat to public safety.
Despite this, ICE placed him in custody earlier this month, claiming he was still a “noncitizen seeking admission” and therefore subject to mandatory detention. Judge Choudhury rejected that argument, noting that “court after court, judge after judge, in district after district has rejected this position.” The ruling incorporates reasoning from Rodriguez-Acurio v. Almodovar (E.D.N.Y. 2025), a case that reached a similar conclusion.
In granting Covelli-Chaparro’s habeas corpus petition, the court ordered ICE to release him immediately and barred the agency from denying him bond in any future proceedings based on § 1225(b), unless a material change in circumstances occurs.
The decision represents another federal rebuke of ICE’s detention practices under the Immigration and Nationality Act (INA), particularly in cases involving parolees and long-term residents without criminal records.
Key Points: Federal judge orders ICE to release detained Colombian father, ruling his confinement unconstitutional – Brooklyn
- Judge Nusrat J. Choudhury granted a habeas petition and ordered the release of Juan S. Covelli-Chaparro from ICE custody.
- The court found his detention violated 8 U.S.C. § 1226(a) and the Fifth Amendment’s due process protections.
- ICE is permanently enjoined from detaining Covelli-Chaparro under § 1225(b) absent new legal circumstances.
