Decisions

D. Nev. October 28, 2026 Third country: Mexico. ICE issued a Notice of Removal on 3 April 2026, and he “refused to consent to deportation to Mexico.”

Disposition First amended petition for a writ of habeas corpus granted; motion for a temporary restraining order denied as moot. Release ordered no later than 29 October 2026, subject to the conditions of his prior order of supervision. The same bars as in Santander v. Blanche on re-detention without proof of changed circumstances and on removal to a third country without notice and an opportunity to seek to reopen his immigration court proceedings.

The court held the re-detention unlawful under 8 C.F.R. § 241.13(i): “Because there is no indication that an informal interview was provided to Petitioner, nor an opportunity for him to respond to the reasons for revocation, the Court finds that Petitioner’s re-detention is unlawful”. Removal to Cuba or Mexico was not reasonably foreseeable: he does not consent to removal to Mexico, and “Respondents submit no evidence that DHS has attempted to coordinate a transfer to Mexico”, such as travel documents or communications with Mexican officials. On removal to a third country: “Respondents do not respond to Petitioner’s argument that he has a right to due process before third-country removal.” It held that he “has a due process right to receive meaningful notice and opportunity to present a fear-based claim to an IJ before DHS deports him to a third country.”

Third-country removal Revocation of supervision Informal interview Detention Zadvydas Notice Due process Fear-based claim Mexico Consent Habeas jurisdiction

Caution The order records no grant of protection to the petitioner. The companion order of 22 October 2026 in Santander v. Blanche, by the same judge, is recorded separately in this register.

D. Nev. October 22, 2026 Third country: Mexico. ICE issued a Notice of Removal stating that it intended to remove him to Mexico.

Disposition First amended petition for a writ of habeas corpus granted; motion for a temporary restraining order denied as moot. Release ordered no later than 26 October 2026 under reasonable terms of supervision. Respondents “prohibited from re-detaining Petitioner in the future absent proof of changed circumstances making his removal reasonably foreseeable”, and “prohibited from removing Petitioner to a third country without providing Petitioner with adequate notice of intent to seek removal to a third country and due process in the form of an opportunity to seek to reopen Petitioner’s immigration court proceedings to seek fear-based relief from removal.”

The court counted his detention cumulatively: “Adding together the four-month period of detention in 2002 and the five-month period of re-detention since May 19, 2026, Petitioner’s detention has long since surpassed the six-month period of presumptive reasonableness.” Removal to Cuba or Mexico was not reasonably foreseeable: “Respondents submit no evidence that DHS has attempted to coordinate a transfer to Mexico”, such as travel documents or communications with Mexican officials. It noted that courts “have also found that removal to Mexico is unlikely where the petitioner does not consent.” On removal to a third country: “Respondents mischaracterize ICE’s burden in third-country removals. Courts in this circuit have repeatedly found that the government must undertake rigorous procedures to afford a noncitizen their full due process rights before ordering him removed to a third country.” It held that he “has a due process right to receive meaningful notice and opportunity to present a fear-based claim to an IJ before DHS deports him to Mexico or another third country.”

Third-country removal Detention Zadvydas Re-detention Notice Due process Fear-based claim Mexico Consent Habeas jurisdiction

Caution The order records no grant of protection to the petitioner; the case concerns detention and the process owed before removal to a third country. The companion order of 28 October 2026 in Vega Oramas v. Bondi, by the same judge, is recorded separately in this register.