NEWARK, NJ – A federal judge in New Jersey has dismissed a habeas corpus petition filed by a detained noncitizen after ruling that the petitioner, Jhonathan Steven Chiquito Barzola, had already received the remedy sought — a bond hearing to determine whether he should remain in custody.
Barzola, who is being held at Delaney Hall Detention Facility in Newark, filed the petition earlier this year arguing that his detention under 8 U.S.C. § 1225 was unlawful because that statute does not allow for bond hearings. The court, however, found that his case fell under 8 U.S.C. § 1226, which does permit such hearings, and on November 12 ordered that one be provided.
Following that decision, an Immigration Judge conducted a bond hearing but declined to release Barzola. The judge determined that although Barzola was entitled to a hearing, his continued detention was justified based on flight risk.
Court finds legal requirement satisfied despite continued detention
In its December 1 opinion, the U.S. District Court held that the habeas claim was now moot because the legal requirement — the right to a bond hearing — had been met. The court emphasized that federal law mandates only that such a hearing occur, not that it result in release.
The Immigration Judge cited Matter of Yajure Hurtado, a 2025 Board of Immigration Appeals decision asserting that detainees in similar circumstances fall under § 1225(b)(2)(A), which limits bond eligibility. However, the federal court reiterated that Barzola’s detention should be treated under § 1226, consistent with prior rulings in the District of New Jersey and other courts nationwide.
Judge notes flight risk as lawful basis for detention
Although the court acknowledged that reliance on Yajure Hurtado alone would conflict with its order, it found that the Immigration Judge’s alternative finding — that Barzola posed a risk of flight — provided an independent, lawful basis for continued detention.
The court cited the Executive Office for Immigration Review’s practice manual and prior case law affirming that flight risk can justify detention pending immigration proceedings.
With the hearing completed and the statutory requirement fulfilled, the court announced its intention to dismiss the habeas petition.
