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Habeas Corpus - Alien Detainee | New York Western
Judgment
JUDGMENT in favor of David Venturella, Markwayne Mullin, Michael T. Ball, Thomas Brophy, Todd Blanche against Filadelfo Reyes Espinobarros. Signed by Andrew W. Moeller, Clerk of Court, on 7/30/2026. (DDS)
Text Order
TEXT ORDER. Petitioner Filadelfo Reyes Espinobarros ("Petitioner") is a citizen and national of Mexico who has been detained pursuant to 8 U.S.C. § 1226(a) since June 1, 2026. Dkt. 1 at 1; Dkt. 9 at 1. On June 17, 2026, Petitioner received a bond hearing and was found to be a flight risk, so he is subject to continued detention. Id. at 2. After this, on June 22, 2026, he filed a petition for a writ of habeas corpus with this Court, seeking "that this Court conduct a new Custody Redetermination Hearing to ensure a neutral arbiter," id. at 16, or "immediate release from custody," id. at 18. In seeking this Court to conduct a bond hearing or to order "immediate release," Petitioner is "effectively appealing the immigration judge's bond determination to this [C]ourt," which "lacks jurisdiction to adjudicate such an appeal." Carlos v. Bullock, Case No. 2:26-cv-02855-BCL-atc, 2026 U.S. Dist. LEXIS 166005, at *3 (W.D. Tenn. July 27, 2026) (citing 8 U.S.C. § 1226(e)); see also Funez-Galvez v. Doll, No. 3:CV-17-1931, 2018 WL 487844 (M.D. Pa. Jan. 19, 2018) (citing Diop v. ICE/Homeland Sec., 656 F.3d 221, 234 (3d Cir. 2011)) ("[t]he only relief this Court may grant a non-criminal alien detainee not yet subject to a final order of removal is a bond hearing before an Immigration Judge, not release"). Therefore, the Court DENIES Petitioner's petition. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/29/2026. (MFE).
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