Pavon v. Diamondback Correctional Facility et al

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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).

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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
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