Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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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.
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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.
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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.
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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
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