1:26-cv-05327•Case Name in Immigration Case - Unavailable
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------x GREYBIN AMIR CHAVARRIA-ZEPEDA, Petitioner, -against- MARKWAYNE MULLIN, in his official capacity as Secretary of the U.S. Department of Homeland Security, et al., Respondents. -----------------------------------x MEMORANDUM & ORDER 26-CV-5327(EK) ERIC KOMITEE, United States District Judge: Greybin Amir Chavarria-Zepeda petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Amended Petition ¶¶ 1-5, ECF No. 8. He alleges that he was arrested by U.S. Immigration and Customs Enforcement (“ICE”) on February 7, 2026. Id. ¶ 36. Following his arrest, ICE determined that he was subject to mandatory detention pursuant to 8 U.S.C. § 1226(c). Id. ¶ 1. Petitioner argues that, because he has been detained for more than six months, he is now entitled to a bond hearing at which respondents bear the burden of justifying his continued detention by clear and convincing evidence. Id. ¶ 98; Black v. Decker, 103 F.4th 133, 150 (2d Cir. 2024), cert. dismissed sub nom. Genalo v. Black, No. 25-886, 2026 WL 2752021 (U.S. Sept. 16, 2026). As set forth below, petitioner’s request is granted. Case 1:26-cv-05327-EK Document 11 Filed 10/15/26 Page 1 of 3 PageID #: <pageID>
2 Discussion For substantially the same reasons articulated in the Court’s decision in Catalan Catalan v. Mullin, No. 26-CV-1680, 2026 WL 1398927, at *1 (E.D.N.Y. May 19, 2026), petitioner is entitled to a bond hearing with the burden on the government. When a noncitizen’s detention under Section 1226 becomes “unreasonably prolonged, due process demands . . . [a] bond hearing [at which] the government bears the burden of justifying, by clear and convincing evidence, the detainee’s continued detention.” Black v. Almodovar, 156 F.4th 171, 202 (2d Cir. 2025). The “presumptive limit to [a] reasonable duration” of detention is six months. Velasco Lopez v. Decker, 978 F.3d 842, 852 (2d Cir. 2020) (citing Zadvydas v. Davis, 533 U.S. 678, 701 (2001)). When the government has not yet obtained a final removal order for a detained individual — such that there is “no end in sight” to his detention — that fact further weighs in favor of requiring a burden-shifted bond hearing. Velasco Lopez, 978 F.3d at 846, 854 n.10; Fajardo v. Decker, No. 22-CV-3014, 2022 WL 17414471, at *10 (S.D.N.Y. Dec. 5, 2022). Here, petitioner has been detained for approximately eight months, such that his detention has exceeded “the presumptive limit to reasonable duration.” Velasco Lopez, 978 F.3d at 852. And the government has not yet obtained a final order of removal for petitioner. See Am. Petition ¶ 44. Case 1:26-cv-05327-EK Document 11 Filed 10/15/26 Page 2 of 3 PageID #: <pageID>
3 Velasco Lopez thus counsels in favor of providing Chavarria- Zepeda a bond hearing with the burden on the government. The government concedes that applying the decisions in Velasco Lopez and Black v. Decker would “likely lead to a grant of the habeas petition.” Gov. Opp’n Ltr. 5, ECF No. 9. Although it contests whether those cases were properly decided, it does not challenge their applicability — or binding nature — here. See id. Conclusion For the foregoing reasons, petitioner’s request for a burden-shifted bond hearing is granted. On or before October 29, 2026, respondents shall afford Chavarria-Zepeda a bond hearing at which the government is required to show, by clear and convincing evidence, that petitioner is either a flight risk or danger to the community to justify his continued detention. The Immigration Judge is also directed to consider Chavarria- Zepeda’s ability to pay and alternatives to detention. SO ORDERED. /s/ Eric Komitee ERIC KOMITEE United States District Judge Dated: October 15, 2026 Brooklyn, New York Case 1:26-cv-05327-EK Document 11 Filed 10/15/26 Page 3 of 3 PageID #: <pageID>
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