ARROYAVE v. STAMPER et al

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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
KEVIN HENAO ARROYAVE,
Petitioner,
v.
DERRICK STAMPER,
Chief Patrol Agent,
Houlton Sector, U.S. Border Patrol,
et al.,
Respondents.
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1:26-cv-00093-SDN
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS
On February 24, 2026, Petitioner Kevin Henao Arroyave filed a verified petition
for a writ of habeas corpus under 28 U.S.C. § 2241 and a motion for a temporary
restraining order (“TRO”). ECF Nos. 1, 3.
According to the verified petition, Mr. Henao Arroyave is a noncitizen from
Colombia who entered the U.S. in September 	2022 	and was placed into removal
proceedings and ordered removed. ECF Nos. 1 at 1, 2, 1-3. On September 25, 2022, he was
released into the United States on his own recognizance, which required a finding that he
was not a danger to the public and was likely to appear for future removal proceedings.
ECF Nos. 1 at 2, 1-2. He has attended all required Immigration Court hearings since that
time. ECF No. 1 at 2. He has no criminal record. Id.
Mr. Henao Arroyave applied for and received a valid work permit, and he began
working as a truck driver. Id. He is the sole source of financial support for his family. Id.
Mr. Henao Arroyave has serious long-standing medical issues. See id. at 1. On his
counsel’s information and belief, on February 18, 2026, Mr. Henao Arroyave was driving
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a truck for work when local law enforcement pulled him over for unknown reasons. Id. at
3. Thereafter, law enforcement contacted U.S. Border Patrol (“USBP”), who conducted a
warrantless arrest of Mr. Henao Arroyave. See id. at 3, 7. On February 21, 2026, Mr.
Henao Arroyave called his wife, who had not heard from him during this period, from a
hospital in Presque Isle, Maine. Id. at 3. According to Mr. Henao Arroyave, he had been
moved to at least three different facilities since his warrantless arrest and began to cough
up blood and experience severe stomach pain. Id. At that point, USBP took him to the
hospital and medical staff allowed him to call his wife. Id. When Mr. Henao Arroyave’s
wife called back to the hospital late that night, hospital staff informed her that he was no
longer at the facility. Id.
Mr. Henao Arroyave’s family has not heard from him since. U.S. Customs and
Border Protection currently holds Petitioner in custody at Fort Fairfield in Maine. ECF
No. 5 at 1.
Petitioner seeks, among other remedies, a writ of habeas corpus to compel his
immediate release and a declaratory order that his detention is unlawful because he is
subject to discretionary detention under 8 U.S.C. § 1226(a). ECF No. 1 at 15.
On 	February 	24, 	2026, 	this Court indefinitely 	enjoined 	Respondents from
removing Mr. Henao Arroyave from the District of Maine and ordered the Government
to show cause as to why his detention is not unlawful. ECF No. 6. In its response, ECF No.
5, the Government asserts it detains Mr. Henao Arroyave under 8 U.S.C. § 1225(b)(2).
However, the Government cites no facts or legal arguments to distinguish this case from
Chogllo Chafla v. Scott, No. 2:25-CV-00437, 2025 WL 2688541 (D. Me. Sept. 22, 2025),
and Bermeo Sicha v. Bernal, No. 1:25-CV-00418, 2025 WL 2494530 (D. Me. Aug. 29,
2025).
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The Court concludes Petitioner is a member of the class established in Guerrero
Orellana v. Moniz, No. 25-CV-12664, 2025 WL 3033769, at *14 (D. Mass. Oct. 30, 2025).
Additionally, the Court notes the recent decision in Maldonado Bautista v. Noem, No.
25-CV-01873, 2026 WL 468284 (C.D. Cal. Feb. 18, 2026), which declared Matter of
Yajure Hurtado void under the Administrative Procedure Act. This voidance removes the
primary hurdle to Petitioner’s bond eligibility and requires the Immigration Court to
provide Mr. Henao Arroyave with a hearing. Consistent with Petitioner’s entitlement to
relief as a Bond Eligible Class member pursuant to Guerrero Orellana and, separately
and independently, this Court’s own merits rulings regarding Respondents’ detention
policies under section 1225(b)(2)(A), the Court finds Petitioner’s detention without a
bond hearing violates the Immigration and Nationality Act. See Chogllo Chafla, 2025 WL
2688541.
Accordingly, the Court GRANTS the Petitioner’s habeas petition and ORDERS
the Government 	to release 	Petitioner 	from 	the Fort Fairfield 	facility 	on his own
recognizance by 5:00 p.m. on February 24, 2026. The Court further ORDERS that
Petitioner receive an individual bond hearing pursuant to 8 U.S.C. § 1226(a)(2) no earlier
than 30 days from this Order, unless Petitioner consents otherwise. The Government is
ENJOINED from denying Petitioner 	a bond hearing on the basis that 8 U.S.C. §
1225(b)(2) 	applies 	to 	Petitioner. 	The 	Government 	is 	further 	ENJOINED from
redetaining Petitioner while his bond hearing is pending. The Government is ORDERED
to file a status report within 45 days of this Order detailing whether the Petitioner has
been granted bond, the amount of that bond, and, if denied, the reasons for that denial.
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S O ORDERED.
Dated this 24th day of February, 2026.
/s/ Stacey D. Neumann
U NITED S TATES D ISTRICT J UDGE
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