Court finds continued ICE detention unlawful, grants immediate release of Ecuadorian national.
Newark, NJ – A federal judge in New Jersey has ordered the release of an immigrant held in federal custody, ruling that his continued detention without a bond hearing violated federal law and prior court precedent.
In a memorandum opinion, U.S. District Judge Zahid N. Quraishi granted a habeas petition filed by Carlos Solano Perez, a native and citizen of Ecuador, who had been detained by Immigration and Customs Enforcement (ICE) following a targeted enforcement operation in March.
Perez had been held under a federal statute that allows for mandatory detention of certain individuals present in the United States without admission or inspection. However, the court determined that the statute did not apply in his case.
Court rejects government’s detention argument
According to the opinion, Perez entered the United States in September 2021 and remained in the country for several years before being taken into custody on March 24. He has no criminal history.
The government argued that Perez was lawfully detained under 8 U.S.C. § 1225(b)(2), but acknowledged its position relied on legal arguments the court had already rejected in prior rulings.
“The Government acknowledges, however, that their position ‘relies on the same statutory-interpretation arguments’ this Court previously rejected,” Judge Quraishi wrote.
Citing earlier decisions, the court found that the statute does not apply to individuals who have lived in the United States for an extended period after entering without inspection.
“Petitioner’s continued mandatory detention under § 1225(b)(2) is therefore unlawful,” the judge wrote.
Immediate release ordered without waiting for further filings
The court moved forward with its decision before receiving a reply from Perez, noting that the outcome was clear based on existing precedent and the government’s response.
“Because it is clear from the Government’s response and this Court’s prior decisions that Petitioner is entitled to relief in this matter… this Court decides this matter prior to the receipt of a reply,” the opinion states.
While the government requested that Perez be granted only a bond hearing rather than full release, the court concluded that his detention under the cited statute was improper.
As a result, the judge ordered that the habeas petition be granted and that Perez be released.
Key Points
- Federal judge rules ICE detention of Carlos Solano Perez was unlawful
- Court says statute used does not apply to long-term U.S. residents without admission
- Habeas petition granted, and immediate release ordered
