Martinez Cruz v. Noem et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 26-cv-00312-PAB-NRN
CARLOS MARTINEZ CRUZ,
Petitioner,
v.
KRISTI NOEM, Secretary, U.S. Department of Homeland Security,
PAMELA BONDI, U.S. Attorney General,
GEORGE VALDEZ, 1 Field Office Director, Denver Field Office, Immigration and
Customs Enforcement, and
JUAN BALTAZAR, Warden of Denver Contract Detention Facility,
Respondents.
ORDER
This matter comes before the Court on petitioner Carlos Martinez Cruz’s Petition
for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 [Docket No. 1] and Motion for
a Temporary Restraining Order and/or a Preliminary Injunction [Docket No. 4].
Respondents filed a response, Docket No. 14, and petitioner filed a reply. Docket No.
15.
I. BACKGROUND 2
Petitioner is a citizen of Mexico. Docket No. 14-1 at 3, ¶ 4. He resides near
Tallahassee, Florida with his United States citizen wife and four children. Docket No. 1
at 5, ¶ 23. Petitioner has allegedly been continuously living in the United States for
1 Pursuant to Federal Rule of Civil Procedure 25(d), George Valdez is
automatically substituted as a party in this action.
2 The following facts are undisputed unless otherwise noted.
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almost twenty years. 3 Id., ¶ 22. Petitioner was never inspected and admitted or paroled
into the United States. Docket No. 14-1 at 3, ¶ 10. On November 12, 2025, ICE
officials encountered petitioner in Tallahassee Florida and determined that he did not
possess documentation authorizing his entry into or presence in the United States. Id.
at 4, ¶ 13. Petitioner was initially detained in Florida, but was transferred to the Denver
Contract Detention Facility on December 10, 2025. Id., ¶ 15. On December 12, 2025,
ICE issued a Notice to Appear (“NTA”), initiating removal proceedings under 8 U.S.C.
§ 1229a. Id., ¶ 16. The Notice to Appear charged petitioner with being inadmissible to
the United States pursuant to 8 U.S.C. § 1182(a)(6)(A)(i) and 8 U.S.C.
§ 1182(a)(7)(A)(i)(I). Id. Respondents claim that petitioner is being detained pursuant
to 8 U.S.C. § 1225(b)(2)(A). Docket No. 14 at 1.
On January 26, 2026, petitioner filed a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241. Docket No. 1. Petitioner brings a claim for Violation of
the Immigration and Nationality Act (the “INA”) under 8 U.S.C. §§ 1225 and 1226 (Count
One); for Violation of Substantive Due Process (Count Two); and for Violation of
Procedural Due Process (Count Three). Id. at 11-16, ¶¶ 41-57. Petitioner requests,
among other things, that the Court order respondents to provide petitioner with a bond
3 Through the declaration an Immigration and Customs Enforcement (“ICE”)
deportation officer, respondents claim that petitioner was granted “voluntary return to
Mexico after he illegally entered the United States” on 4 different occasions: January 10,
1999, January 23, 2003, March 12, 2006, and March 13, 2006. Docket No. 14-1 at 3,
¶¶ 5-8. Respondents assert that, “[t]hereafter Petitioner illegally entered the United
States at an unknown location and date.” Id., ¶ 9. Petitioner claims that he “last
entered the United States almost twenty years ago and has not left since that time.”
Docket No. 1 at 5, ¶ 22.
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hearing pursuant to 8 U.S.C. § 1226(a). Id. at 16. Petitioner also filed a motion for a
temporary restraining order and/or preliminary injunction, which seeks to preclude
respondents from detaining petitioner for the same reasons listed in the habeas petition.
Docket No. 4. On February 17, 2026, respondents filed a response. Docket No. 14.
On February 20, 2026, petitioner filed a reply. Docket No. 15. On March 17, 2026, the
case was reassigned. Docket No. 18.
II. ANALYSIS
The parties disagree on whether petitioner’s detention is governed by 8 U.S.C.
§ 1226 or 8 U.S.C. § 1225. Docket No. 1 at 6-14; Docket No. 14 at 2-14. Petitioner
contends that his detention should be controlled by 8 U.S.C. § 1226(a) because
§ 1226(a) applies to the detention of noncitizens, like petitioner, who previously entered
and are now residing within the United States. Docket No. 1 at 6-7, ¶ 29. Because he
believes that § 1226 applies, petitioner argues that respondents must provide him with a
bond hearing. See id. at 16. Respondents, however, contend that 8 U.S.C.
§ 1225(b)(2)(A) applies to noncitizens like petitioner who are present in the United
States without being admitted or paroled. Docket No. 14 at 7-8. Respondents claim
that petitioner is therefore not entitled to a bond hearing and is subject to mandatory
detention. Id. at 8.
On many occasions, this Court has analyzed whether § 1225 or § 1226 applies
to petitioners who were detained when already present in the United States without
inspection and who face removal proceedings. See Moncada-Hernandez v. Trump, No.
26-cv-00436-PAB, 2026 WL 472744, at *2-3 (D. Colo. Feb. 19, 2026); De La Cruz v.
Baltazar, No. 26-cv-00360-PAB, 2026 WL 439217, at *2 (D. Colo. Feb. 16, 2026);
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Gabriel-Morales v. Bondi, No. 26-cv-00392-PAB, 2026 WL 415597, at *2 (D. Colo. Feb.
13, 2026); Gonzalez v. Baltazar, No. 26-cv-00297-PAB, 2026 WL 415600, at *1-2 (D.
Colo. Feb. 13, 2026); Hernandez-Redondo v. Bondi, No. 25-cv-03993-PAB, 2026 WL
290989, at *2 (D. Colo. Feb. 4, 2026); Armenta v. Noem, No. 26-cv-00236-PAB, 2026
WL 274634, at *1-5 (D. Colo. Feb. 3, 2026); Portillo Martinez v. Baltazar, No. 26-cv-
00106-PAB, 2026 WL 194163, at *2-5 (D. Colo. Jan. 26, 2026); Garcia-Perez v.
Guadian, No. 25-cv-04069-PAB, 2026 WL 89613, at *2-4 (D. Colo. Jan. 13, 2026);
Alfaro Orellana v. Noem, No. 25-cv-03976-PAB, 2025 WL 3706417, at *2-4 (D. Colo.
Dec. 22, 2025); Florez Marin v. Baltazar, No. 25-cv-03697-PAB, 2025 WL 3677019, at
*1-4 (D. Colo. Dec. 18, 2025). Each time, the Court has ruled that the petitioner’s
detention is governed by § 1226. Id.
Respondents identify no reasons why this case differs from the previous cases
the Court has already ruled on. See generally Docket No. 14. The Court finds no
distinguishing material facts between this case and Alfaro Orellana, 2025 WL 3706417.
Thus, the Court will grant the habeas petition for the same reasons it did in Alfaro
Orellana. Because there is no evidence that petitioner has been provided a bond
hearing, his current detention violates § 1226(a). The Court will grant the habeas
petition on the § 1226 claim and will order respondents to provide petitioner a bond
hearing within seven days of the date of this order. 4 Moreover, because the Court will
grant the habeas petition, the motion for a temporary restraining order is moot.
4 Because the Court will grant the habeas petition on the basis of the 8 U.S.C.
§ 1226(a) claim, it will not reach petitioner’s due process claims. See Hernandez v.
Baltazar, No. 25-cv-03094-CNS, 2025 WL 2996643, at *8 (D. Colo. Oct. 24, 2025) (“the
Court declines to adjudicate Petitioner's due process claim on the merits at this time
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III. CONCLUSION
Therefore, it is
ORDERED that petitioner Carlos Martinez Cruz’s Petition for Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2241 [Docket No. 1] is GRANTED. It is further
ORDERED that respondents shall provide petitioner with a bond hearing under 8
U.S.C. § 1226(a) within seven days of the date of this Court’s order. It is further
ORDERED that within five days of petitioner’s bond hearing, the parties shall file
a status report indicating whether the bond hearing was held and whether bond was
granted or denied. It is further
ORDERED that the Motion for a Temporary Restraining Order and/or a
Preliminary Injunction [Docket No. 4] is DENIED as moot.
DATED March 18, 2026.
BY THE COURT:
___________________________
PHILIP A. BRIMMER
United States District Judge
because the Court grants the relief Petitioner seeks based on the applicability of
§ 1226(a)”).
__________________________
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