Perez v. Akshar et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
JHOHANI JOSE PERDOMO PEREZ,
Petitioner,
v.
FREDERICK J. AKSHAR II, in his official
capacity as Warden of the Broome County
Correctional Facility; PAMELA BONDI, in her
official capacity as U.S. Attorney General;
PHILIP RHONEY, in his official capacity as
Deputy Field Office Director, Buffalo Field
Office, U.S. Immigration & Customs
Enforcement; TAMMY MARICH, in her official
capacity as Field Office Director, Buffalo Field
Office, U.S. Immigration & Customs
Enforcement; TODD LYONS, in his official
capacity as Acting Director, U.S. Immigration
and Customs Enforcement; and KRISTI NOEM,
in her official capacity as Secretary of Homeland
Security,
Defendants.
9:26-cv-120
(ECC)
Matthew K. Borowski, Esq., for Petitioner
Joshua T. Terrell, Esq., for Respondent Akshar
Assistant United States Attorney David M. Katz, Esq., for the Federal Respondents
Hon. Elizabeth C. Coombe, United States District Judge:
ORDER
Petitioner Jhohani Jose Perdomo Perez (Perez), a citizen of Venezuela, entered the United
States without inspection on June 19, 2022. 	Dkt. No. 1 (Pet.) ¶ 2. 	On June 20, 2022, he was
paroled into the United States. Id. at ¶ 3. On May 28, 2023, he filed an application for asylum,
and on October 18, 2023, he received Temporary Protected Status. 	Id. at ¶ 5. 	His asylum
application is still pending, and a hearing regarding that petition is scheduled for February 23,
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2026. 	Id. at ¶ 8. 	Almost four months ago, on October 8, 2025, Perez went to the Syracuse
Immigration and Customs Enforcement (ICE) for an appointment, and he was taken into custody.
Id. at ¶ 6. On January 25, 2026, while detained at Broome County Jail in Binghamton, New York,
Petitioner filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241. Id. at ¶¶ 19-
21. Petitioner seeks immediate release, or in the alternative, a bond hearing, and attorney’s fees
and costs under the Equal Access to Justice Act, as amended, 28 U.S.C. § 2412. Id. at 18; see also
id. at ¶ 13. After considering briefing from all the parties, Dkt. Nos. 1, 9, 10, 11, and arguments
made during a hearing on February 6, 2026, the Court grants the Petition and orders Petitioner’s
immediate release. A written decision providing more detailed reasons and addressing Petitioner’s
request for EAJA fees and costs will be issued in due course.
For these reasons, it is
ORDERED that the Petition for a writ of habeas corpus, Dkt. No. 1, is GRANTED; and
it is further
ORDERED that Respondents shall immediately release Petitioner Jhohani Jose Perdomo
Perez from custody; and it is further
ORDERED that Respondents shall certify compliance with this Order by filing a status
report by 5 p.m., on February 7, 2026; and it is further
ORDERED that pending the issuance of any final removal order against Petitioner Jhohani
Jose Perdomo Perez, Respondents are also enjoined from denying him bond in any subsequent
proceeding on the basis that he must be detained pursuant to 8 U.S.C. § 1225(b)(2)(A), absent a
change in relevant circumstances; and it is further
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ORDERED that after considering the particular circumstances of this case and Mathews
v. Eldridge, 424 U.S. 319 (1976), Petitioner Jhohani Jose Perdomo Perez shall not be re-detained
without adequate notice to Petitioner and his counsel, and without an opportunity to be heard at a
hearing.
IT IS SO ORDERED.
Dated: February 6, 2026
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