1:26-cv-00598•Corona Arciniega v. Bondi et al
Full text
1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 26-cv-00598-CYC RODOLFO CORONA ARCINIEGA, Petitioner, v. PAMELA BONDI, U.S. Attorney General, in her official capacity; ROBERT GUADIAN, U.S. Immigration & Customs Enforcement Field Office Director for the Colorado Field Office, in his official capacity; KRISTI NOEM, Secretary, U.S. Department of Homeland Security, in her official capacity; and JUAN BALTASAR, Warden of GEO Group Aurora Inc, in his official capacity, Respondents. ______________________________________________________________________________ ORDER ______________________________________________________________________________ Cyrus Y. Chung, United States Magistrate Judge. Petitioner Rodolfo Corona Arciniega, a detainee at the GEO Contract Detention Facility in Aurora, Colorado, petitions for a writ of habeas corpus, contending that the respondents, who control that facility, are improperly subjecting him to mandatory detention under 8 U.S.C. § 1225(b)(2). ECF No. 1 (the “Petition”). Instead, he says, 8 U.S.C. § 1226(a) governs his detention vel non. Because this is a fundamentally legal debate, there is no need for a hearing on the Petition. See 28 U.S.C. § 2243. For the reasons that follow, the Court grants in part the Petition. BACKGROUND This case is one of numerous cases in this District and across the country seeking habeas relief for immigrants detained within the United States under a new interpretation of 8 U.S.C. §§ 1225, 1226. E.g., Hernandez-Redondo v. Bondi, No. 25-cv-03993-PAB, 2026 WL 290989 (D. Colo. Feb. 4, 2026); Jimenez Facio v. Baltazar, No. 25-cv-03592-CYC, 2025 Case No. 1:26-cv-00598-CYC Document 12 filed 03/03/26 USDC Colorado pg 1 of 4
2 WL 3559128 (D. Colo. Dec. 12, 2025); Garcia Cortes v. Noem, No. 25-cv-02677-CNS, 2025 WL 2652880 (D. Colo. Sept. 16, 2025); Batz Barreno v. Baltasar, No. 25-cv-03017-GPG- TPO, 2025 WL 3190936 (D. Colo. Nov. 14, 2025); Loa Caballero v. Baltazar, No. 25-cv- 03120-NYW, 2025 WL 2977650 (D. Colo. Oct. 22, 2025). The petitioner seeks release or, in the alternative, a bond hearing, and legal fees and costs. ECF No. 1 at 11–12. The petitioner, a citizen of Mexico, has lived in the United States for several years. Id. at 2, 6, 8–9. He entered the United States in 2004. Id. at 2, 6, 8–9. He “was briefly apprehended near the border,” but “was not placed into expedited removal proceedings, was not ordered removed, and was released into the United States.” Id. at 6, 8. As a result, he had been present in the United States for years before he was encountered by employees of the Department of Homeland Security on November 28, 2025. Id. at 8, 10–11. The petitioner argues that he is entitled to a bond hearing under 8 U.S.C. § 1226 and that he has no criminal record, and the respondents do not offer any evidence of a criminal history that requires mandatory detention. See 8 U.S.C. § 1226(c). Instead, they maintain that he is detained pursuant to 8 U.S.C. § 1225(b). ECF No. 11 at 8–10. ANALYSIS A district court may grant a writ of habeas corpus to any person who demonstrates he is “in custody in violation of the Constitution or laws . . . of the United States.” 28 U.S.C. § 2241. This includes “[c]hallenges to immigration detention.” Soberanes v. Comfort, 388 F.3d 1305, 1310 (10th Cir. 2004). The individual in custody bears the burden of proving that their detention is unlawful. Walker v. Johnston, 312 U.S. 275, 286 (1941). To meet that burden, the petitioner argues that 8 U.S.C. § 1226(a) applies to him, “that aliens detained under § 1226(a) receive bond hearings at the outset of detention,” Jennings v. Rodriguez, 583 U.S. 281, 306 (2018) (citing 8 C.F.R. §§ 236.1(d)(1), 1236.1(d)(1)); see 8 U.S.C. Case No. 1:26-cv-00598-CYC Document 12 filed 03/03/26 USDC Colorado pg 2 of 4
3 § 1226(a) (providing for discretionary detention); see also 8 C.F.R. § 1003.19 (providing framework for requesting a bond determination), and that his continued detention premised on 8 U.S.C. § 1225(b)(2)(A) violates his due process rights and the Immigration and Nationality Act. ECF No. 1 at 6–8, 10–11. The Court has previously resolved this legal question in favor of a similarly situated petitioner. Jimenez Facio, 2025 WL 3559128, at *1–4. The respondents recognize this, but “respectfully disagree with that ruling.” ECF No. 11 at 7. The Court remains firmly convinced that it and the other judges in the District who have addressed this issue have correctly decided those cases and incorporates its analysis from Jimenez Facio. 2025 WL 3559128, at *1–4. To the extent the petitioners contend that the Fifth Circuit’s recent decision in Buenrostro-Mendez v. Bondi, --- F. 4th ----, 2026 WL 323330, at *5–10 (5th Cir. Feb. 6, 2026), makes a difference, see ECF No. 11 at 8–9, Judge Sweeney’s thorough rebuttal of that divided decision provides a solid foundation to maintain the consensus that exists in this District. See Singh v. Baltazar, --- F. Supp. 3d ----, 2026 WL 352870, at *3–6 (D. Colo. Feb. 9, 2026). Accordingly, the Court finds that the petitioner is detained pursuant to 8 U.S.C. § 1226, and his continued detention without a bond hearing is therefore a violation of due process. The respondents also address the petitioner’s alternative argument that he is a member of the class certified in Bautista v. Santacruz, No. 5:25-cv-01873-SSS-BFM (C.D. Cal.), ECF No. 11 at 2–7, but because the Court finds that the Petition should be granted because the petitioner is detained pursuant to 8 U.S.C. § 1226 and is therefore entitled to a bond hearing, it need not address this alternative argument. Immigr. & Naturalization Serv. v. Bagamasbad, 429 U.S. 24, 25 (1976) (“As a general rule courts and agencies are not required to make findings on issues the decision of which is unnecessary to the results they reach.”); Ardon-Leon v. Bondi, No. 25-9539, 2026 WL 125758, at *3 (10th Cir. 2026) (declining to address alternative arguments made by petitioner). Case No. 1:26-cv-00598-CYC Document 12 filed 03/03/26 USDC Colorado pg 3 of 4
4 There is a final matter. The petitioner requests attorneys’ fees and costs. ECF No. 1 at 12. But D.C.COLO.LCivR 54.3(a) requires that “a motion for attorney fees . . . be supported by affidavit,” and no such affidavit supported the request. Further, “a motion involving a contested issue of law shall . . . be supported by a recitation of legal authority in the motion.” D.C.COLO.LCivR 7.1(d). As a result, the Court denies this portion of the Petition without prejudice. If the petitioner chooses to file a motion for attorney fees, it must comply with all applicable rules and provide legal authority for the request. See L.G. v. Choate, 744 F. Supp. 3d 1172, 1187 (D. Colo. 2024). CONCLUSION For the foregoing reasons, it is hereby ORDERED that the Petition, ECF No. 1, is GRANTED in part and DENIED without prejudice in part. It is further ORDERED that (1) the respondents shall provide the petitioner with a bond hearing under 8 U.S.C. § 1226(a) within seven days of this Order; (2) the respondents are ENJOINED from denying bond to the petitioner on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2)(A); and (3) the respondents shall file a status report within seven days of the petitioner’s bond hearing, stating whether he has been granted bond, and, if his request for bond was denied, the reasons for that denial. Entered and dated this 3rd day of March, 2026, at Denver, Colorado. BY THE COURT: ____________________________________ Cyrus Y. Chung United States Magistrate Judge Case No. 1:26-cv-00598-CYC Document 12 filed 03/03/26 USDC Colorado pg 4 of 4
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.