Gallego Almanza v. Raycraft et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
ABELARDO ALDEMAR GALLEGO
ALMANZA,
Petitioner,
v.
KEVIN RAYCRAFT et al.,
Respondents.
____________________________/
Case No. 1:26-cv-1110
Honorable Paul L. Maloney
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 a writ of habeas corpus pursuant to 28 U.S.C. § 2241.
(Pet., ECF No. 1.) For the following reasons, the Court will grant Petitioner’s petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241.
Discussion
I. 	Procedural History
In Petitioner’s § 2241 petition, Petitioner challenges the lawfulness of his current detention
and asks the Court to, inter alia, assume jurisdiction over this matter and issue a writ of habeas
corpus pursuant to 28 U.S.C. § 2241 ordering Respondents to release Petitioner, unless
Respondents provide Petitioner with a bond hearing pursuant to 8 U.S.C. § 1226(a). (Pet., ECF
No. 1, PageID.12.)
In an order entered on April 6, 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. 4.) Respondents filed their response on April 9, 2026, (ECF
No. 5), and Petitioner filed his reply on April 14, 2026, (ECF No. 6.)
II. 	Factual Background
Petitioner is not a United States citizen, (Pet., ECF No. 1, PageID.5; 2024 Form I-213, ECF
No. 5-1, PageID.70.). Petitioner applied for admission to the United States at San Ysidro,
California, on August 25, 2024. (2024 Notice to Appear (NTA), ECF No. 5-2, PageID.70.)
Department 	of 	Homeland 	Security 	(DHS) 	charged 	Petitioner 	with 	inadmissibility 	under
§ 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act (INA) because Petitioner is an
immigrant “who, at the time of application for admission, is not in possession of a valid unexpired
[immigration or travel document].” (NTA, ECF No. 5-2, PageID.75.)
DHS paroled Petitioner into the United States pursuant to 8 C.F.R. § 212(d)(5) of the INA. 1
(Most Recent Form I-94, ECF No. 5-3, PageID.77 (indicating that Petitioner’s “Class of
Admission” is “DT” 2 ).) As stated on the Most Recent Form I-94, the parole period was valid until
April 18, 2025. (Id.) DHS granted employment authorization to Petitioner; valid until August 24,
2026. (Employment Authorization Card, ECF No. 1-2, PageID.17.)
1 The phrase “parole into the United States,” is distinct from “conditional parole” under § 1226,
and specifically refers to parole pursuant to 8 U.S.C. § 1182(d)(5)(A), which “allows the executive
to permit certain aliens ‘on a case-by-case basis’ to enter or remain in this country only for ‘urgent
humanitarian reasons or significant public benefit.’” Cruz-Miguel v. Holder, 650 F.3d 189, 198
(2d Cir. 2011).
2 	See 	United 	States 	Citizenship 	and 	Immigration 	Services 	Guidance 	Website,
https://www.uscis.gov/save/current-user-agencies/guidance/faqs-on-the-effect-of-changes-to-
parole-and-temporary-protected-status-tps-for-save-agencies 	(under 	“Non-Categorical 	Parole”
heading, select “What does ‘Non-Categorical Parole’ mean?”) (“Aliens who are outside of the
United States may request to be paroled into the United States based on urgent humanitarian
reasons or a significant public benefit. These aliens are not paroled into the United States under a
categorical parole program or process. Often, the Class of Admission (COA) for these aliens is
‘DT’ though other parole related COAs may have been used.”).
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In April of 2025, DHS “issued a blanket termination of parole.” See Rodriguez Martinez v.
Raycraft, No. 1:25-cv-1504, 2025 WL 3511093, at *2 (W.D. Mich. Dec. 8, 2025) (citation
omitted); (see Most Recent Form I-94, ECF No. 5-3, PageID.77.). On October 29, 2025, ICE
detained and arrested Petitioner as he sat in a parked car as a part of “Midway Blitz” in Chicago,
Illinois.3 (Form I-213, ECF No. 5-4, PageID.80; Warrant for Arrest of Alien, ECF No. 5-5,
PageID.84.) DHS scheduled an in-person hearing for Petitioner before the Detroit Immigration
Court for April 24, 2026. 4 (Notice of In-Person Hearing, ECF No. 5-6, PageID.86.)
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 the federal courts with 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).
3 Respondents indicate that ICE initiated a traffic stop of the vehicle Petitioner was driving/sitting
in after discovering that the vehicle was registered to a noncitizen. (Form I-213, ECF No. 5-4,
PageID.80.) Respondents do not argue that Petitioner is subject to mandatory detention pursuant
to 8 U.S.C. § 1226(c), and there is nothing in the record presently before the Court to suggest that
Petitioner was a law enforcement target for any reason other than his status as a noncitizen. (See
id.)
4 The parties did not provide any details or results of the In-Person Hearing.
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IV. 	Merits Discussion
A. 	Statutory and Regulatory Basis for Petitioner’s Parole and Detention
Here, Petitioner entered the United States at a port of entry and was subsequently paroled
into the United States under 8 U.S.C. § 1182(d)(5)(A). (NTA, ECF No. 5-2, PageID.70; Most
Recent Form I-94, ECF No. 5-3, PageID.77.)
The INA “establishes the framework governing noncitizens’ entry into and removal from
the United States, with regulations promulgated by the enforcing agencies providing further
governance.” Y-Z-L-H v. Bostock, 792 F. Supp. 3d 1123, 1132 (D. Or. 2025). “Noncitizens who
arrive at a port of entry without a visa or other entry document, like Petitioner, are deemed
‘inadmissible’ under 8 U.S.C. § 1182(a)(7)” due to their lack of entry documents. Id. at 1132 & n.7
(noting that “[d]epending on the circumstances, other categories of inadmissibility may also apply,
but § 1182(a)(7) applies for noncitizens without proper documentation”). Once a noncitizen is
deemed inadmissible, “the immigration officer must order the noncitizen’s removal unless the
noncitizen indicates an intention to apply for asylum or fear of persecution.” Id. at 1132 & n.8
(citing 8 U.S.C. § 1225(b)(1)(A)(i)). The government may place the noncitizen into expedited
removal proceedings, see 8 U.S.C. § 1225(b)(1), or the government may place the noncitizen into
regular removal proceedings under 8 U.S.C. § 1229(a). See Y-Z-L-H, 792 F. Supp. 3d at 1132–33
(citing 8 U.S.C. § 1225(b)(2)).
Section 1225(b)(2)(A) provides that “in the case of an alien who is an applicant for
admission, if the examining immigration officer determines that an alien seeking admission is not
clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding
under section 1229a of this title.” 8 U.S.C. § 1225(b)(2)(A). However, “applicants for admission
may be temporarily released on parole [into the United States] ‘for urgent humanitarian reasons or
significant public benefit,’” as set forth in 8 U.S.C. § 1182(d)(5)(A). Jennings v. Rodriguez, 583
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U.S. 281, 288 (2018) (quoting 8 U.S.C. § 1182(d)(5)(A)). The decision to grant parole pursuant to
8 U.S.C. § 1182(d)(5)(A) is determined “on a case-by-case basis.” 8 U.S.C. § 1182(d)(5)(A). Then,
“when the purpose of the parole has been served,” § 1182(d)(5)(A) provides that “the alien shall
forthwith return or be returned to the custody from which he was paroled and thereafter his case
shall continue to be dealt with in the same manner as that of any other applicant for admission to
the United States.” Jennings, 583 U.S. at 288 (quoting 8 U.S.C. § 1182(d)(5)(A)).
To terminate the previously granted parole, the agency must comply with the applicable
regulatory and statutory requirements. As set forth in 8 C.F.R. § 212.5(e)(2)(i), which governs the
“[t]ermination of parole,”
In cases not covered by paragraph (e)(1) of this section,[5] upon accomplishment of
the purpose for which parole was authorized or when in the opinion of one of the
officials listed in paragraph (a) of this section, neither humanitarian reasons nor
public benefit warrants the continued presence of the alien in the United States,
5 Paragraph (e)(1) provides for the automatic termination of parole without written notice where
the noncitizen has either departed from the United States or at the expiration of time for which the
parole was authorized. The parties have not suggested that Petitioner departed from the United
States. Additionally, the record before the Court does not indicate that Petitioner’s parole expired
prior to his arrest. Respondents submitted a Form I-94 which listed the “Admit Until Date” of
Petitioner’s Parole as April 18, 2025. (Most Recent Form I-94, ECF No. 5-2, PageID.77.) But
April 18, 2025, was the effective date of “a blanket termination of parole” that DHS issued. See
Rodriguez Martinez v. Raycraft, No. 1:25-cv-1504, 2025 WL 3511093, at *2 (W.D. Mich. Dec. 8,
2025 (citation omitted). When DHS terminates a noncitizen’s parole, it will update the information
on the Form I-94. See United States Citizenship and Immigration Services Guidance Website,
https://www.uscis.gov/save/current-user-agencies/guidance/faqs-on-the-effect-of-changes-to-
parole-and-temporary-protected-status-tps-for-save-agencies 	(under 	“Non-Categorical 	Parole”
heading, select “Is DHS revising the parolee’s Form I-94, Arrival/Departure Record, Admit Until
Date if parole is terminated early?”) (“Yes. If DHS terminates an alien’s parole before the
expiration date of the parole period, DHS will update the Form I-94, Arrival/Departure Record to
reflect the new parole termination date.”). Therefore, the Form I-94 that Respondents submitted
does not establish that the original termination date of Petitioner’s parole was April 18, 2025.
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parole shall be terminated upon written notice to the alien and he or she shall be
restored to the status that he or she had at the time of parole.
8 C.F.R. § 212.5(e)(2)(i). That is, “[u]nder the governing regulation, [§ 1182(d)(5)(A)] parole may
be terminated only if the purpose of parole is accomplished, or humanitarian reasons and the public
benefit no longer warrant parole.” Loaiza Arias v. LaRose, No. 3:25-cv-02595-BTM-MMP, 2025
WL 3295385, at *3 (S.D. Cal. Nov. 25, 2025) (citing 8 C.F.R. § 212.5(e)). As explained below,
the Court concludes that Respondents have failed to follow the applicable statutory and regulatory
provisions to terminate Petitioner’s parole. Cf. Coal. for Humane Immigrant Rts. v. Noem, No. 25-
cv-872 (JMC), 2025 WL 2192986, at *2 (D.D.C. Aug. 1, 2025) (holding that the government failed
to follow the applicable statutory and regulatory provisions and that paroled noncitizens cannot be
subject to expedited removal proceedings); Salgado Bustos v. Raycraft, No. 25-13202, 2025 WL
3022294, at *5–7 (E.D. Mich. Oct. 29, 2025) (same); E.V. v. Raycraft, No. 4:25-cv-2069, 2025
WL 2938594, at *10 (N.D. Ohio Oct. 16, 2025) (same).
First, based on the information before the Court, it does not appear that the purpose of
Petitioner’s parole has been accomplished. Petitioner left Colombia, seeking asylum in the United
States, and Petitioner entered the United States at a port of entry. (Pet., ECF No. 1, PageID.5; 2024
NTA, ECF No. 5-2, PageID.70.) At that time, Petitioner was granted parole pursuant to 8 U.S.C.
§ 1182(d)(5)(A), which provides for parole into the United States “for urgent humanitarian reasons
or significant public benefit,” 8 U.S.C. § 1182(d)(5)(A). (See Most Recent Form I-94, ECF
No. 5-3, PageID.70.) There is nothing before the Court to suggest that the humanitarian reason or
public benefit that justified Petitioner’s parole no longer applies. Indeed, Respondents make no
argument about whether the requirements for termination of parole in § 1182(d)(5)(A) and its
regulations have been satisfied.
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Further, district courts that have addressed the termination of § 1182(d)(5)(A) parole “have
found that just as a grant of parole requires an individualized review, revocation of parole requires
a case-by-case assessment to comply with the statute,” and the Court finds the reasoning in these
non-binding cases to be persuasive. Mata Velasquez v. Kurzdorfer, 794 F. Supp. 3d 128, 146
(W.D.N.Y. 2025) (citations omitted) (addressing this issue, and granting the petitioner’s motion
for preliminary injunction and ordering that the petitioner be released); see, e.g., Y-Z-L-H, 792 F.
Supp. 3d at 1137–47 (addressing this issue, and granting the petitioner’s habeas petition and
ordering that the petitioner be released from custody); Loaiza Arias, 2025 WL 3295385, at *2–4
(same); Noori v. LaRose, No. 25-cv-1824-GPC-MSB, 2025 WL 2800149, at *10–13 (S.D. Cal.
Oct. 1, 2025) (same); Munoz Materano v. Arteta, No. 25 CIV. 6137 (ER), --- F. Supp. 3d ----, 2025
WL 2630826, at *14–17 (S.D.N.Y. Sept. 12, 2025) (same); Gabriel B.M. v. Bondi, No. 25-cv-4298
(KMM/EMB), 2025 WL 3443584, at *6–7 (D. Minn. Dec. 1, 2025) (addressing this issue, and
granting the petitioner’s request for a preliminary injunction and ordering the petitioner’s release
from custody); Orellana v. Francis, No. 25-cv-04212 (OEM), 2025 WL 2822640, at *2–3
(E.D.N.Y. Oct. 3, 2025) (addressing the issue in the context of a motion for reconsideration filed
by the respondents, and affirming the court’s grant of habeas relief to the petitioner and the court’s
order to release the petitioner).6
6 But see Doe v. Noem, 152 F.4th 272, 278–79, 285 (1st Cir. 2025) (reversing district court’s grant
of preliminary relief and vacating district court’s stay of the termination notice for previously
granted parole because “Plaintiffs ha[d] not demonstrated a strong likelihood of success in showing
that under the statute, the Secretary must terminate these grants of parole under the [parole]
program[s] on an individual basis”). The Court finds that Doe v. Noem is distinguishable from the
present case for the same reasons the Court found it distinguishable in Caceres Martinez v.
Raycraft, No. 1:26-cv-547, 2026 WL 621359, at *5 n.3 (W.D. Mich. Mar. 5, 2026); Nazari v.
Raycraft, No. 1:26-cv-540, 2026 WL 607704, at *5 n.2 (W.D. Mich. Mar. 4, 2026); Delgado
Vilchez v. Warden, North Lake Corr. Facility, No. 1:26-cv-216, 2026 WL 570449, at *4 n.2 (W.D.
Mich. Mar. 2, 2026); Ramirez Gonzalez v. Dep’t of Homeland Sec., No. 1:26-cv-373, 2026 WL
547955, at *5 n.6 (W.D. Mich. Feb. 27, 2026).
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Here, there is no indication in the record before the Court that any such case-by-case
determination regarding the revocation of Petitioner’s parole was made. Instead, the Form I-94
indicates that Petitioner’s parole expired on April 18, 2025, (Most Recent Form I-94, ECF No. 5-3,
PageID.77), the effective date of Respondents’ “blanket termination of parole” for noncitizens
throughout the country, which does not constitute a case-by-case determination.
In summary, as explained above, based on the information that is presently before the
Court, there is no indication that Respondents followed the applicable statutory and regulatory
requirements to revoke or terminate Petitioner’s parole. If Respondents did not follow those
requirements, then they did not have the authority to arrest and detain Petitioner, “unless there
[wa]s some other valid reason to arrest him.” Mata Velasquez, 794 F. Supp. 3d at 145; cf. Norfolk
S. Ry. Co. v. U.S. Dep’t of Lab., No. 21-3369, 2022 WL 17369438, at *6 (6th Cir. Dec. 2, 2022)
(discussing that “an agency’s action that fails to observe the procedures required by its own
regulations should be set aside” (citation omitted)); Wilson v. Comm’r of Soc. Sec., 378 F.3d 541,
545 (6th Cir. 2004) (“It is an elemental principle of administrative law that agencies are bound to
follow their own regulations[,] . . . [and] ‘[a]n agency’s failure to follow its own regulations tends
to cause unjust discrimination and deny adequate notice and consequently may result in a violation
of an individual’s constitutional right to due process.’” (additional internal quotation marks
omitted) (quoting Sameena, Inc. v. U.S. Air Force, 147 F.3d 1148, 1153 (9th Cir. 1998))).
Respondents do not claim that they had any reason to arrest and detain Petitioner other than his
status as a noncitizen. Indeed, Respondents argue that any noncitizen, regardless of whether they
are already present and residing in the United States, is “an alien seeking admission” subject to
mandatory detention under § 1225. As set forth in Caceres Martinez v. Raycraft, No. 1:26-cv-547,
2026 WL 621359, at *6 (W.D. Mich. Mar. 5, 2026); Nazari v. Raycraft, No. 1:26-cv-540, 2026
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WL 607704, at *6 (W.D. Mich. Mar. 4, 2026); Delgado Vilchez v. Warden, North Lake Corr.
Facility, No. 1:26-cv-216, 2026 WL 570449, at *5 (W.D. Mich. Mar. 2, 2026); Ramirez Gonzalez
v. Dep’t of Homeland Sec., No. 1:26-cv-373, 2026 WL 547955, at *6 (W.D. Mich. Feb. 27, 2026),
this Court and other courts throughout the country have rejected this argument.7
Accordingly, for the reasons set forth above, the Court concludes that Respondents failed
to follow the applicable statutory and regulatory requirements to revoke or terminate Petitioner’s
§ 1182(d)(5)(A) parole.
B. 	Fifth Amendment Due Process Considerations
Petitioner also argues that his detention violates the Fifth Amendment’s Due Process
Clause. Respondents counter Petitioner’s arguments by stating that Petitioner has received notice
of the charges against him, has access to counsel, may attend hearings with an immigration judge,
has the right to appeal the denial of any request for bond, and has been detained by ICE for a
relatively short period of time.
The Court concludes that Petitioner’s current detention under the mandatory detention
framework set forth in § 1225(b)(2)(A) violates Petitioner’s Fifth Amendment due process rights
for the reasons set forth in the Court’s constitutional analysis in each of the following cases:
Antele Cobix v. Raycraft, No. 1:25-cv-1669, 2025 WL 3562651, at *6–8 (W.D. Mich. Dec. 12,
2025); Candela Bastidas v. Noem, No. 1:25-cv-1528, 2025 WL 3562638, at *7–8 (W.D. Mich.
Dec. 12, 2025); Acuna Sanchez v. Noem, No. 1:25-cv-1442, 2025 WL 3562577, at *7–9 (W.D.
7 The Court is aware of Buenrostro-Mendez v. Bondi, 166 F.4th 494 (5th Cir. 2026), which was
recently issued by the United States Court of Appeals for the Fifth Circuit, and Avila v. Bondi,
No. 25-3248, --- F.4th ----, 2026 WL 819258 (8th Cir. Mar. 25, 2026), which was recently issued
by the United States Court of Appeals for the Eighth Circuit. At this time, these non-binding cases
do not change the Court’s analysis.
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Mich. Dec. 12, 2025); Penagos Robles v. U.S. Dep’t of Homeland Sec., No. 1:25-cv-1578, 2025
WL 3558128, at *6–8 (W.D. Mich. Dec. 12, 2025).
V. 	Other Claims and Other Forms of Relief
Because the Court will grant Petitioner’s § 2241 petition as set forth herein, the Court does
not address other claims and other requested relief in Petitioner’s § 2241 petition.
VI. 	Proper Respondents
Respondents argue that the Detroit ICE Field Office Director is the only proper Respondent
in this action, and they seek the dismissal of all of the other named Respondents.8 The Court
concludes that the Detroit ICE Field Office Director is not the only proper Respondent for the
reasons set forth in the Court’s analysis of the same argument in each of the following cases:
Antele Cobix v. Raycraft, No. 1:25-cv-1669, 2025 WL 3562651, at *8–9 (W.D. Mich. Dec. 12,
2025); Candela Bastidas v. Noem, No. 1:25-cv-1528, 2025 WL 3562638, at *8–9 (W.D. Mich.
Dec. 12, 2025); Acuna Sanchez v. Noem, No. 1:25-cv-1442, 2025 WL 3562577, at *9–10 (W.D.
Mich. Dec. 12, 2025); Penagos Robles v. U.S. Dep’t of Homeland Sec., No. 1:25-cv-1578, 2025
WL 3558128, at *9–10 (W.D. Mich. Dec. 12, 2025).
To ensure that this Court’s orders regarding a hearing or release will bind at least one
Respondent with authority to act in the event that Petitioner is transferred out of the Western
District of Michigan, the Court will retain the Detroit ICE Field Office Director and the Secretary
for the Department of Homeland Security as Respondents. The Court will dismiss the Department
of Homeland Security, the United States Attorney General, and the Executive Office for
Immigration Review as Respondents.
8 The Warden of the North Lake Correctional Facility was terminated previously as a Respondent
in the Court’s Order to Show Cause. (Order, ECF No. 4, PageID.27.)
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Conclusion
For the reasons discussed above, the Court will enter a judgment granting Petitioner’s
petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) The Court will
order Respondents to release Petitioner from custody, subject to any conditions that existed under
Petitioner’s § 1182(d)(5)(A) parole. Additionally, the Court will enjoin Respondents from
re-detaining Petitioner absent a material change in circumstances unless the requirements of due
process have been satisfied. The Court will also order Respondents to file a status report within
three days of the issuance of the Court’s opinion and judgment to certify compliance with this
opinion and the corresponding judgment. Further, the Court will dismiss the Department of
Homeland Security, the United States Attorney General, and the Executive Office for Immigration
Review as Respondents.
Dated: 	May 15, 2026 	/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge
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