David Flores Esparza, a Mexican citizen who has lived in the United States since at least 2000, was taken into ICE custody on January 19, 2026, and is being held at the Denver Contract Detention Facility in Aurora, Colorado. Esparza filed a habeas corpus petition in February challenging his detention and seeking a bond hearing under federal immigration law.
U.S. District Judge Philip A. Brimmer ruled that Esparza's detention falls under 8 U.S.C. § 1226, which allows for bond hearings, rather than § 1225(b)(2), which permits mandatory detention. "The Court finds no distinguishing material facts between this case and Alfaro Orellana," Judge Brimmer wrote, referencing a previous ruling. "Because there is no evidence that petitioner has been provided a bond hearing, his current detention violates § 1226(a)."
The case represents the latest in a series of similar rulings by Judge Brimmer, who has consistently found that individuals arrested in the interior of the United States years after entry are entitled to bond hearings under § 1226 rather than subject to mandatory detention. The judge cited at least 11 previous cases where he reached the same conclusion for similarly situated petitioners.
Respondents must now provide Esparza with a bond hearing within seven days and file a status report within five days after the hearing indicating whether bond was granted or denied. The ruling adds to a growing body of case law distinguishing between border apprehensions and interior arrests for immigration detention purposes.