Anner Josue Sobalvarro Arauz had entered the United States without inspection and was first detained by immigration authorities on January 26, 2024, before being released. ICE re-detained him on February 5, 2026, prompting his habeas corpus petition filed on April 3, 2026, along with motions for a temporary restraining order and appointment of counsel.
Judge Drozd found that the government's prior release created 'an implicit promise that his release would only be revoked if he failed to abide by the conditions of his release.' The court concluded that 'petitioner's prior release gave him a liberty interest in his continued release' and that his continued detention violated due process, incorporating reasoning from a prior case, Perez v. Albarran.
The government had argued that Sobalvarro Arauz was detained under 8 U.S.C. ยง 1225(b)(2), but Judge Drozd noted he had 'rejected on several prior occasions' such arguments in similar cases. The government ultimately did not oppose resolving the habeas petition based on the current briefing.
The court ordered ICE to immediately release Sobalvarro Arauz and enjoined the agency from re-detaining him without providing notice and a pre-detention hearing before an immigration judge, where the government would bear the burden of proving by clear and convincing evidence that he poses a danger to the community or flight risk.