Mercado Rojas v. Raycraft, et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
CARLOS JESUS MERCADO ROJAS,
Petitioner,
v.
KEVIN RAYCRAFT al.,
Respondents.
____________________________/
Case No. 1:26-cv-1355
Honorable Jane M. Beckering
OPINION
Petitioner, a United States Immigration and Customs Enforcement (ICE) detainee currently
detained at the North Lake Processing Center located in Baldwin, Lake County, Michigan, initiated
this action by filing a counseled petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
(Pet., ECF No. 1.) For the following reasons, the Court will deny Petitioner’s petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241 without prejudice.
I. 	Procedural History
In Petitioner’s § 2241 petition, Petitioner challenges the constitutionality of his current
detention following an order issued by the Detroit Immigration Court denying him bond, and asks
the Court to, inter alia, issue a writ of habeas corpus ordering Respondents to release Petitioner or
provide Petitioner with a bond hearing where the government bears the burden of proof by clear
and convincing evidence that Petitioner is a flight risk or danger to the community. (Pet., ECF
No. 1, PageID.25.)
In an order entered on April 28, 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
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not be granted. (Order, ECF No. 3.) Respondents filed their response and a recording of March 2,
2026, bond hearing on May 1, 2026. (Resp., ECF No. 4; Recording of Mar. 2, 2026, Bond Hearing,
filed on May 1, 2026.) Petitioner filed his reply on May 5, 2026. (ECF No. 5.)
II. 	Relevant Factual Background
Petitioner is a citizen of Venezuela who entered the United States in 2023 (Pet., ECF No. 1,
PageID.1.) On December 3, 2025, Petitioner was arrested by ICE agents. (Id.)
On February 3, 2026, Petitioner filed a § 2241 petition challenging his initial detention
without a bond hearing in Mercado Rojas v. Raycraft (Mercado-Rojas I), No. 1:26-cv-294 (W.D.
Mich.) In Mercado-Rojas I, the Court conditionally granted Petitioner’s petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241, ordering Respondents to provide Petitioner with a
bond hearing under 8 U.S.C. § 1226(a) within five business days of the date of the Court’s Opinion
and Judgment or, in the alternative, immediately release Petitioner from custody. Op. & Jud.,
Mercado-Rojas I, (W.D. Mich. Fen. 17, 2026), (ECF Nos. 9. 10).
On March 2, 2026, Petitioner received a bond hearing pursuant to § 1226(a). (Pet., ECF
No. 1, PageID.2.) At the conclusion of that, hearing, in a written order, the Immigration Judge
denied 	Petitioner’s 	request 	for 	bond, 	stating: 	“Flight. 	Removal 	Order 	Pending 	Appeal.”
(Immigration Judge Order, ECF No. 1-1, PageID.30.)
III. 	Discussion
In Petitioner’s § 2241 petition, Petitioner argues that the Immigration Judge did not apply
the constitutionally required burden of proof at Petitioner’s § 1226(a) bond hearing. Specifically,
Petitioner argues that the Immigration Judge failed to require the government to demonstrate
dangerousness or flight risk by clear and convincing evidence. See Soto-Medina v. Lynch,
No. 1:25-cv-1704, --- F. Supp. 3d ----, 2026 WL 161002, at *2 (W.D. Mich. Jan. 21, 2026)
(addressing the constitutionally required burden of proof).
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Based on the record before the Court at this time, including the recording of the § 1226(a)
bond hearing, there is no indication in the record that the Immigration Judge applied an
unconstitutional burden of proof at the bond hearing. Under these circumstances, the Court will
deny Petitioner’s § 2241 petition without prejudice.
Conclusion
For the reasons discussed above, the Court will enter a judgment denying Petitioner’s
petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 without prejudice.
Dated:
Jane M. Beckering
United States District Judge
May 13, 2026 	/s/ Jane M. Beckering
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