Jesus Raul Blanco Martinez, who entered the United States from Cuba in December 2022 and was initially released on his own recognizance, has been held at the Golden State Annex Detention Facility since October 2025 after ICE arrested him following his release from criminal custody. Martinez had been living freely in the U.S. for nearly three years, working as an Uber and Lyft driver and living with his partner and her children in Arizona, when immigration agents took him back into custody.
Judge Cota rejected the government's argument that Martinez was subject to mandatory detention under 8 U.S.C. ยง 1225(b)(2) as an "applicant for admission," finding instead that he was protected by due process rights. "Respondents claim that Petitioner is inedible for release without explaining how, if he is ineligible for release, Petitioner was previously released on his own recognizance," Cota wrote, highlighting what he saw as a fundamental contradiction in the government's position.
The magistrate judge delivered particularly sharp criticism of the government's legal theory, noting that "this Court agrees with and joins the majority of courts nationwide, including the Eastern District of California, in rejecting Respondents' interpretation of Sections 1225 and 1226." Cota emphasized that "Courts nationwide, including this one, have overwhelmingly rejected respondents' arguments and found DHS's new policy unlawful."
The case stems from a July 2025 policy change by the Department of Homeland Security that began applying Section 1225's mandatory detention provisions to immigrants who had been living in the interior of the United States for years. Martinez was initially released upon arrival from Cuba, filed for asylum in January 2023, and received work authorization in August 2023. His asylum application was rejected in May 2025 because officials said he should have gone through a credible fear interview, though Martinez contends DHS never conducted such an interview when he arrived.
The government argued that Martinez's prior release "does not constitute an admission" and that as an applicant for admission, he "is subject to mandatory detention and thus ineligible for a bond hearing." But Judge Cota found this reasoning legally flawed, noting that Martinez "is not actively seeking lawful entry because he already entered the United States over three years ago" and that applying the government's interpretation would render recent congressional amendments "superfluous."
In his due process analysis, Judge Cota found all three Mathews factors weighed in Martinez's favor. He noted Martinez's "substantial private interest in remaining free from detention" given his three years of established life in the U.S., the "considerable" risk of erroneous deprivation since Martinez "has not received any bond or custody redetermination hearing," and the government's "low" interest in detention without procedural safeguards. The judge also highlighted troubling factual discrepancies, noting Martinez "was in detention for 87 days before he was placed in removal proceedings."
Judge Cota recommended that Martinez be released immediately under the same conditions as his prior release and that the government be enjoined from re-arresting him without providing seven days' notice and a hearing before a neutral fact-finder. Any future detention would require the government to show either "material changed circumstances" demonstrating likelihood of removal or "clear and convincing evidence" that Martinez poses a danger or flight risk. The recommendations now go to the district judge for final approval, with parties having seven days to file objections.