Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
JOSE MARCOS VILLA GOMEZ,
Petitioner,
v.
FIELD OFFICE DIRECTOR OF
ENFORCEMENT AND REMOVAL
OPERATIONS, DETROIT FIELD
OFFICE, IMMIGRATION AND
CUSTOMS ENFORCEMENT, et al.,
Respondents.
Case No. 1:25-cv-810
JUDGE DOUGLAS R. COLE
OPINION AND ORDER
U.S. Immigration and Customs Enforcement (ICE) is currently detaining
Petitioner Jose Marcos Villa Gomez pending removal proceedings. Villa Gomez filed
a Petition for Writ of Habeas Corpus (Doc. 1), requesting this Court to order his
release or, in the alternative, to order Respondents to provide him a bond hearing.
Villa Gomez asserts that ICE is wrongly purporting to detain him under 8 U.S.C.
§ 1225(b)(2), which mandates detention, when instead 8 U.S.C. § 1226(a), which
provides for discretionary detention, governs. (Doc. 1, #2–3). This Court recently
addressed this precise question of statutory interpretation in Coronado v. Secretary,
Department of Homeland Security, No. 1:25-cv-831, 2025 WL 3628229 (S.D. Ohio Dec.
15, 2025), and further explained its reasoning in Lucero v. Field Office Director of
Enforcement and Removal Operations, No. 1:25-cv-823, 2025 WL 3718730 (S.D. Ohio
Dec. 23, 2025). Like the petitioners there, Villa Gomez acknowledges he is present in
the country but was never admitted. (Doc. 1, #9–10). Thus, for the reasons more fully
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2
explained in Coronado and Lucero, the Court finds that Villa Gomez is an “applicant
for admission” and falls under the purview of § 1225(b)(2), which in turn means he is
subject to mandatory detention. Accordingly, the Court DISMISSES WITHOUT
PREJUDICE Villa Gomez’s Petition (Doc. 1). 1
Respondent Warden of Butler County Jail also filed a Motion to Dismiss (Doc.
14), arguing it is not a proper respondent for this habeas petition. Because the Court
dismisses the Petition, the Court DENIES AS MOOT Respondent’s Motion (Doc. 14).
The Court DIRECTS the Clerk to enter judgment and to TERMINATE this case on
its docket.
SO ORDERED.
December 30, 2025
DATE 	DOUGLAS R. COLE
UNITED STATES DISTRICT JUDGE
1 The Court dismisses without prejudice in the event that Petitioner wishes to pursue relief
as a potential class member in Bautista v. Santacruz, No. 5:25-cv-1873, 2025 WL 3288403
(C.D. Cal. Nov. 25, 2025).
dgment and to TERMINATE this
DOUGLA	LA	LA	A	L	L	L	L	L	L	LA	LA	L 	S R. COLE
UNITED STATES DISTRICT	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	J	JU
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