Misael Perez-Mendez, who entered the United States as an unaccompanied juvenile in 2016 or 2017 when he was 15 or 16 years old, was re-detained by ICE on Nov. 15, 2025, following a DUI arrest. Perez-Mendez filed a pro se habeas corpus petition seeking his immediate release or, alternatively, a bond hearing before an immigration judge.
Judge Drozd found that because Perez-Mendez entered as an unaccompanied juvenile, he is covered by the Trafficking Victims Protection Reauthorization Act, which 'does not require mandatory detention, but instead requires that the Secretary of Homeland Security consider the least restrictive placement available.' The judge concluded that individuals previously designated as unaccompanied juveniles 'cannot be detained pursuant to § 1225(b)(2)(A)' and noted that respondents conceded there were no significant factual or legal issues distinguishing this case from similar rulings.
The government had argued that Perez-Mendez was subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A), but did not oppose converting the temporary restraining order motion into a preliminary injunction. Respondents suggested that if the court was inclined to grant relief, judicial economy favored entering final judgment on the petition's merits rather than proceeding with additional briefing.
The ruling continues a pattern of Eastern District of California decisions ordering the release of former unaccompanied juveniles from ICE detention. Judge Drozd incorporated reasoning from recent similar cases and ordered that ICE cannot re-detain Perez-Mendez without providing notice and a pre-detention hearing where the government must prove by clear and convincing evidence that he poses a danger to the community or flight risk.