1:25-cv-05881•Case Name in Immigration Case - Unavailable
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------x JHON KEVIN SARMIENTO GUERRERO, Petitioner, -against- KRISTI NOEM, Secretary, U.S. Department of Homeland Security et al., Respondents. ------------------------------------x MEMORANDUM & ORDER 25-CV-5881 (EK) ERIC KOMITEE, United States District Judge: On November 18, 2025, the Court granted petitioner Jhon Kevin Sarmiento Guerrero’s motion for a preliminary injunction. ECF No. 20 (“PI Order”). The Court directed respondents not to detain Sarmiento on the basis of 8 U.S.C. § 1225(b)(2), should he satisfy the terms of a release order entered by an immigration judge. Id. at 17. Sarmiento did so on November 20. Ltr. from Joseph L. Sorkin, ECF No. 21. Upon granting the preliminary injunction, the Court ordered respondents to show cause “why the petition should not be granted for the reasons stated in this order.” PI Order 17. Respondents argue, in response, “that the Court’s conclusion rested on an incorrect interpretation and application of the statutory framework.” Respondents’ Br. 3, ECF No. 23. We recognize that this issue has been litigated across the country, Case 1:25-cv-05881-EK Document 27 Filed 02/19/26 Page 1 of 2 PageID #: <pageID>
2 and different judges have reached different conclusions. But respondents have cited no binding authority compelling a different conclusion than the one the Court reached, and the Court is not persuaded by the case law that is to the contrary. Thus, the petition is granted. Respondents are permanently enjoined from detaining petitioner on the basis of 8 U.S.C. § 1225(b)(2). The Clerk of Court is respectfully directed to enter judgment and close this case. SO ORDERED. /s/ Eric Komitee ERIC KOMITEE United States District Judge Dated: February 19, 2026 Brooklyn, New York Case 1:25-cv-05881-EK Document 27 Filed 02/19/26 Page 2 of 2 PageID #: <pageID>
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