Jose Elvis Guevara Melendez, a citizen of El Salvador detained at the North Lake Processing Center in Baldwin, Michigan, filed the counseled petition challenging his continued detention after an immigration judge denied him bond. Melendez was admitted to the U.S. on an H2B work visa in May 2002, which expired in November 2002, but he remained in the country without authorization until his arrest by ICE agents in February 2026.
Immigration Judge Ellen Karesh denied Melendez's bond request on March 5, 2026, concluding he posed a flight risk because he "failed to depart as required" after his visa expired and "did not notify immigration officials of his unlawful presence until he was detained." Judge Beckering noted that Melendez argued the immigration judge failed to apply the constitutionally required burden of proof, specifically that the government must demonstrate dangerousness or flight risk by clear and convincing evidence.
The case arose after Melendez challenged the constitutionality of his detention following the Detroit Immigration Court's bond denial. Judge Beckering had ordered respondents to show cause why the writ should not be granted, and the government filed its response on April 1, 2026.
The denial without prejudice leaves open the possibility for Melendez to refile his petition if additional evidence emerges regarding the burden of proof applied at his bond hearing. The ruling underscores the ongoing legal challenges faced by long-term ICE detainees seeking release while their immigration cases proceed through the courts.