Franco Guillin v. GEO North Lake Processing Center et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
JHON JAIRO FRANCO GUILLIN,
Petitioner,
v.
GEO NORTH LAKE PROCESSING
CENTER et al.,
Respondents.
____________________________/
Case No. 1:26-cv-1743
Honorable Robert J. Jonker
OPINION
Petitioner, a United States Immigration and Customs Enforcement (ICE) detainee, initiated
this action by filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Pet., ECF
No. 1.) For the following reasons, the Court will deny the petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2241 without prejudice.
Discussion
I. Procedural History
The habeas petition challenges the lawfulness of Petitioner’s current detention and asks the
Court to, inter alia, issue a writ of habeas corpus pursuant to 28 U.S.C. § 2241 either ordering
Respondents to release Petitioner or ordering Respondents to conduct a bond hearing to satisfy the
requirements of due process. (Pet., ECF No. 1, PageID.13.) In an order entered on June 3, 2026,
the Court directed Respondents to show cause, within three business days, why the writ of habeas
corpus and other relief requested by Petitioner should not be granted. (Order, ECF No. 4.)
Respondents filed their response on June 5, 2026, (ECF No. 5.)
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II. Factual Background
Petitioner is a native and citizen of Columbia. (Pet., ECF No. 1, PageID.2.) Petitioner
entered the United States in 2024 and has remained in the United States since that time. (Id.) On
March 26, 2026, Department of Homeland Security (DHS) agents encountered and arrested
Petitioner. (Id.) Petitioner was removed from the United States on June 1, 2026. (Resp., ECF No.
5, PageID.29.)
III. Habeas Corpus Legal Standard
The Constitution guarantees that the writ of habeas corpus is “available to every individual
detained within the United States.” Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004) (citing U.S.
Const., Art I, § 9, cl. 2). Section 2241 of Title 28 confers upon the federal courts the power to issue
writs of habeas corpus to persons “in custody in violation of the Constitution or laws or treaties of
the United States.” 28 U.S.C. § 2241. This includes challenges by non-citizens in immigration-
related matters. See Zadvydas v. Davis, 533 U.S. 678, 687 (2001); see also A. A. R. P. v. Trump,
145 S. Ct. 1364, 1367 (2025).
IV. Analysis
In Petitioner’s § 2241 petition, as relief, Petitioner asks the Court to order Respondents to
release Petitioner from custody. After initiating this action, Petitioner was removed from the
United States and is no longer in Respondents’ custody.
Because the relief sought in Petitioner’s § 2241 petition relates to his detention, and he is
no longer detained by Respondents, it appears that the present § 2241 petition is moot. Therefore,
the Court will dismiss the action without prejudice.
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Conclusion
For the reasons discussed above, the Court will enter a judgment dismissing Petitioner’s
petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 without prejudice.
Dated: June 11, 2026 /s/ Robert J. Jonker
Robert J. Jonker
United States District Judge
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