5:26-cv-02282•Pavon v. Diamondback Correctional Facility et al
Gesamter Gesetzestext
1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA LIZANDRO NOEL BRIVO PAVON, Petitioner, v. DIAMONDBACK CORRECTIONAL FACILITY, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No. CIV-26-2282-D ORDER Before the Court is Petitioner’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. [Doc. No. 1]. Petitioner is a citizen of Honduras “who entered the United illegally at an unknown time at an unknown place.” [Doc. No. 8, at 3]. Petitioner was detained by the U.S. Immigration and Customs Enforcement (ICE) on October 13, 2021, and released by ICE at an unknown time. Id. On June 30, 2026, Petitioner was placed in ICE custody following a traffic stop by Oklahoma law enforcement for a speeding violation. Id. Petitioner is currently detained at the Diamondback Correctional Facility in Watonga, Oklahoma. [Doc. No. 1, at 1]. Petitioner is detained pursuant to the mandatory detention provision contained in 8 U.S.C. § 1225(b)(2)(A). Petitioner alleges that he has not received a bond hearing since his re-detention by ICE. Petitioner seeks release from custody or, alternatively, a bond hearing pursuant to § 1226(a). Case 5:26-cv-02282-D Document 9 Filed 10/09/26 Page 1 of 3
2 Although Respondents respectfully disagree with the Tenth Circuit’s decision in Santillan Quiroz v. Mullin, 180 F.4th 1226 (10th Cir. 2026), they concede that Santillan Quiroz controls this Court’s decision in this habeas action. Accordingly, § 1226(a) controls Petitioner’s detention, and Petitioner is therefore entitled to a bond hearing. See Santillan Quiroz, 180 F.4th at 1251 n.13 (directing district court to order the government to provide the petitioner a bond hearing within 7 days “[b]ecause [the petitioner] can properly be subject to detention under § 1226(a).”). IT IS THEREFORE ORDERED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 [Doc. No. 1] is GRANTED in part as set forth herein. Respondents shall provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a), within seven days of the date of this Order, or release Petitioner.1 A separate judgment shall be entered. IT IS SO ORDERED this 9th day of October, 2026. 1 Given this determination, the Court declines to address Petitioner’s remaining claims at this time. TThAO~¼E~I~~~ UNITED STATES DISTRICT WDGE Case 5:26-cv-02282-D Document 9 Filed 10/09/26 Page 2 of 3
3 Case 5:26-cv-02282-D Document 9 Filed 10/09/26 Page 3 of 3
1 printed pages contain little extracted OCR body text; searchable legal-body completeness has not been established for those pages.
OCR transcription for search; preserved printed pages are authoritative
Case 5:26-cv-02282-D Document9 Filed 10/09/26 Page1of3 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA LIZANDRO NOEL BRIVO PAVON, Petitioner, Case No. CIV-26-2282-D V. DIAMONDBACK CORRECTIONAL FACILITY, et al., ——_4_ a 4 a a a a Respondents. ORDER Before the Court is Petitioner’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. [Doc. No. 1]. Petitioner is a citizen of Honduras “who entered the United illegally at an unknown time at an unknown place.” [Doc. No. 8, at 3]. Petitioner was detained by the U.S. Immigration and Customs Enforcement (ICE) on October 13, 2021, and released by ICE at an unknown time. /d. On June 30, 2026, Petitioner was placed in ICE custody following a traffic stop by Oklahoma law enforcement for a speeding violation. /d. Petitioner is currently detained at the Diamondback Correctional Facility in Watonga, Oklahoma. [Doc. No. 1, at 1]. Petitioner is detained pursuant to the mandatory detention provision contained in 8 U.S.C. § 1225(b)(2)(A). Petitioner alleges that he has not received a bond hearing since his re-detention by ICE. Petitioner seeks release from custody or, alternatively, a bond hearing pursuant to § 1226(a). 2 Although Respondents respectfully disagree with the Tenth Circuit’s decision in Santillan Quiroz v. Mullin, 180 F.4th 1226 (10th Cir. 2026), they concede that Santillan Quiroz controls this Court’s decision in this habeas action. Accordingly, § 1226(a) controls Petitioner’s detention, and Petitioner is therefore entitled to a bond hearing. See Santillan Quiroz, 180 F.4th at 1251 n.13 (directing district court to order the government to provide the petitioner a bond hearing within 7 days “[b]ecause [the petitioner] can properly be subject to detention under § 1226(a).”). IT IS THEREFORE ORDERED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 [Doc. No. 1] is GRANTED in part as set forth herein. Respondents shall provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a), within seven days of the date of this Order, or release Petitioner.1 A separate judgment shall be entered. IT IS SO ORDERED this 9th day of October, 2026. 1 Given this determination, the Court declines to address Petitioner’s remaining claims at this time. TThAO~¼E~I~~~ UNITED STATES DISTRICT WDGE Case 5:26-cv-02282-D Document 9 Filed 10/09/26 Page 2 of 3 Case 5:26-cv-02282-D Document 9 Filed 10/09/26 Page 3 of 3 3
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