Mariano de Jesus Romero Lever entered the United States on July 28, 2023, near Eagle Pass, Texas, and has been in removal proceedings with a pending asylum application as a derivative beneficiary under his wife's case. After his initial release from immigration custody, he complied with all ICE reporting and check-in requirements and has no criminal history in the United States or abroad. On October 1, 2025, he attended a scheduled check-in, was initially permitted to leave after receiving paperwork, and was then detained without further explanation. An immigration judge denied bond on December 22, 2025, citing lack of jurisdiction under Matter of Yajure-Hurtado, 29 I&N Dec. 216 (BIA 2025).
U.S. District Judge Sarah M. Davenport of the District of New Mexico granted the petition for writ of habeas corpus under 28 U.S.C. § 2241, holding that § 1226(a) — not § 1225(b)(2) — governs Romero Lever's detention because he was already present in the United States interior at the time of his arrest. The court held that § 1225(b)(2), which bars bond and applies to noncitizens seeking admission, covers those who present at a port of entry or are apprehended immediately after entering — not someone who has resided in the country since 2023 and was detained in the interior. Under § 1226(a), the court held, Romero Lever is entitled to an individualized bond hearing.
On the constitutional question, the court found that the government's detention of Romero Lever violates his Fifth Amendment due process rights. The court noted that ICE detained him during a routine check-in, effectively penalizing the very compliance the agency required, and that the government offered neither a justification nor a formal process for the deprivation of his protected liberty interest. The court also noted that as the length of detention extends, an individual's due process interests escalate and the government's burden to justify continued detention mounts.
The government conceded that the material facts are similar to those in Martin Ramirez v. Noem, No. 2:26-cv-00063-SMD-GJF (D.N.M. Feb. 11, 2026), and acknowledged that Martin Ramirez controls the outcome should the court adhere to that precedent. The court did so, citing Martin Ramirez along with several other District of New Mexico decisions reaching the same conclusion on the § 1225 versus § 1226 question.
The order directs respondents to release Romero Lever within 24 hours of the next business day, provide all necessary identity and travel documents for his return to Texas, file a notice of compliance within two business days, refrain from re-detaining him without a pre-deprivation hearing before a neutral immigration judge under § 1226(a), and refrain from removing him to any third country to which he has no removal order without first providing constitutionally compliant procedures. The court denied the emergency motion for a temporary restraining order as moot and stated it will separately enter final judgment while retaining jurisdiction to ensure compliance.