Perez v. Bondi et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
ADELSO ROMEO BRAVO PEREZ,
Petitioner,
v.
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,
Respondents.
9:26-cv-205
(ECC)
Matthew K. Borowski, Esq., for Petitioner
Emer M. Stack, Assistant United States Attorney, for Respondents
Hon. Elizabeth C. Coombe, United States District Judge:
ORDER
Petitioner Adelso Romeo Bravo Perez (Perez), a citizen of Guatemala, entered the United
States without inspection in 2006 or 2007. Dkt. No. 1 (Pet.) ¶ 2. On August 18, 2023, he filed an
application for asylum and was issued a work permit. 	Id. at ¶ 5. At a hearing on February 13,
2026, counsel for Perez represented that the asylum application is still pending. On February 10,
2026, Perez was taken into custody after a traffic stop. Id. at ¶ 6. On the same day, while detained
at the ICE Enforcement and Removal Operations Sub Office in Mattydale, New York, Perez filed
a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. 	Id. at ¶¶ 7, 14, 18, 20.
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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 17-18.
On February 10, 2026, the Court ordered that Respondents are enjoined from moving
Petitioner outside the jurisdiction of the Northern and Western Districts of New York until the
civil action is resolved. Dkt. No. 5. This injunction remains in effect and shall remain in effect
following this Order.
After considering briefing from all the parties, Dkt. Nos. 1, 3, 6-9, and arguments made
during a hearing on February 13, 2026, the Court finds that “§ 1226(a) governs Petitioner’s
detention, not—as Respondents argue—§ 1225(b)(2)(A), and that Petitioner therefore ‘may only
be subject to detention as a matter of discretion.’” Gaspar v. Akshar et al, 9:26-cv-118 (BKS),
Dkt. No. 13 at 12. 	As a result, the Petition is granted solely to the extent that the Court orders
Respondents to afford Petitioner an individualized bond hearing before an immigration judge
within 10 days of the date of this order. 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 solely
to the extent that the Court orders Respondents to afford Petitioner an individualized bond hearing
before an immigration judge within 10 days of the date of this decision and order; and it is further
ORDERED that pending the issuance of any final removal order against Petitioner Adelso
Romeo Bravo Perez, Respondents are enjoined from denying him bond on the basis that he must
be detained pursuant to 8 U.S.C. § 1225(b)(2)(A), absent a change in relevant circumstances.
IT IS SO ORDERED.
Dated: February 20, 2026
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