Perez Velasquez, a 41-year-old landscaper who has lived in the United States since 2001, has been detained since December 2, 2025. He lives with his partner and their two-year-old U.S. citizen daughter, who was born with an eye condition requiring surgery and exhibits developmental delays. He also has three other U.S. citizen children, including a 13-year-old daughter with misphonia, a chronic disorder requiring therapy and homeschooling.
The dispute centers on a bond hearing held on February 12, 2026. At that hearing, Perez Velasquez's attorney submitted 52 pages of evidence, including letters from family, doctors, and former employers, as well as a sponsorship letter from his U.S. citizen sister. The immigration judge denied bond, stating Perez Velasquez was a flight risk, but according to his counsel, the judge focused only on his driving without a license, failure to pay taxes, and reliance on public assistance.
In an order filed April 16, 2026, the court granted Perez Velasquez's petition for a writ of habeas corpus. The court held that the immigration judge abused her discretion by failing to apply the nine-factor test established in In re Guerra and by ignoring evidence the court deemed highly probative regarding Perez Velasquez's status as sole economic provider for his young daughter with complex medical needs.
The court noted that the immigration judge's order claimed it was made after "[a]fter full consideration of the evidence presented[," but the record indicated the judge did not mention any of the Guerra factors or the significant evidence regarding Perez Velasquez's long residence, employment history, and family responsibilities.
The court also waived the prudential exhaustion requirement for administrative remedies, concluding that pursuing an appeal to the Board of Immigration Appeals would be futile given the board's current composition and would cause irreparable harm due to prolonged detention and separation from his children with complex medical needs.
The court concluded that the immigration judge's failure to consider relevant evidence violated Perez Velasquez's Fifth Amendment due process rights. The court found no basis for his continued detention and ordered his release within 48 hours under reasonable conditions of supervision.
Respondents are enjoined from relocating Perez Velasquez outside the Southern District of California pending final resolution of the matter. The court also denied his request for attorney's fees under the Equal Access to Justice Act without prejudice, allowing his counsel to submit an application within 30 days.