Lozano Sanchez v. Raycraft

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
JOHN CARLOS LOZANO SANCHEZ,
Petitioner,
v.
KEVIN RAYCRAFT et al.,
Respondents.
____________________________/
Case No. 1:26-cv-1648
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. (Pet., ECF No. 1, PageID.5; Br. Supp. Pet., ECF No. 2,
PageID.11.)
In an Order entered on May 27, 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
not be granted. (Order, ECF No. 6.) Respondents filed their response and a recording of the
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May 12, 2026 bond hearing on June 1, 2026. (Resp., ECF No. 67; Recording of May 12, 2026
Bond Hearing, filed on June 1, 2026.)
II. 	Relevant Factual Background
Petitioner is a citizen of Colombia who entered the United States in 2024. (Pet., ECF No. 1,
PageID.4; Notice to Appear (NTA), ECF No. 2-4, PageID.18.) On January 5, 2026, Petitioner was
arrested by ICE in Newark, New Jersey (Pet., ECF No. 1, PageID.2.)
On April 23, 2026, Petitioner filed a § 2241 petition challenging his initial detention
without a bond hearing in Lozano Sanchez v. Unknown Party #1 (Lozano Sanchez I), No.
1:26-cv-1327 (W.D. Mich.). In Lozano Sanchez 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., Lozano Sanchez I, (W.D. Mich. May 5, 2026), (ECF Nos. 8, 9).
On May 12, 2026, Petitioner received a bond hearing pursuant to § 1226(a). (Pet., ECF No.
1, PageID.2.) At the conclusion of the bond hearing, in a written order, the Immigration Judge
denied Petitioner’s request for bond, stating: “Flight risk. Respondent has final order of removal.”
Order of the Immigration Judge, Lozano Sanchez I, (W.D. Mich. May 13, 2026), (ECF No. 10-1,
PageID.133).
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 on May 12,
2026. 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.
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Lynch, 817 F. Supp. 3d 612 (W.D. Mich. 2026) (addressing the constitutionally required burden
of proof).
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: 	June 9, 2026 	/s/ Jane M. Beckering
Jane M. Beckering
United States District Judge
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