Bermudez Fleire v. Warden

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
LUIS AUGUSTO BERMUDEZ
FLEIRE,
Petitioner,
v.
WARDEN, CIMARRON
CORRECTIONAL FACILITY, et al.,
Respondents.
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Case No. CIV-26-1208-D
ORDER
Petitioner Luis Augusto Bermudez Fleire filed a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241 [Doc. No. 1]. Petitioner is a citizen of Venezuela who entered
the United States in October 2022. Id. at p. 11. Petitioner was re-detained by the U.S.
Immigration and Customs Enforcement (“ICE”) on March 24, 2026, and his removal
proceedings are ongoing. Id. at p. 4. He is currently detained at the Cimarron Correctional
Facility in Cushing, Oklahoma. Id. at p. 1.
Petitioner is detained pursuant to the mandatory detention provision contained in 8
U.S.C. § 1225(b)(2)(A). [Doc. No. 13]. Petitioner challenges his re-detention by ICE on
various grounds, to include Petitioner’s claim that his re-detention without a custody
redetermination or warrant violates his due process rights, and that he is entitled to a bond
hearing pursuant to 8 U.S.C. § 1226, at which the government should bear the burden of
proof. [Doc. No. 1]. Respondents filed a response in opposition [Doc. No. 13], to which
Petitioner filed a reply [Doc. No. 15].
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The matter was referred to United States Magistrate Judge Suzanne Mitchell for
initial proceedings in accordance with 28 U.S.C. § 636(b)(1)(B) and (C). [Doc. No. 8].
Judge Mitchell issued a Report and Recommendation (“Report”), recommending that the
Court grant in part the Petition and order Respondents to provide Petitioner a bond hearing
pursuant to 8 U.S.C. § 1226(a). [Doc. No. 16]. Judge Mitchell also recommended that the
Court decline to address the issues of whether ICE violated Petitioner’s right to due process
or whether the government should bear the burden of justifying Petitioner’s detention by
clear and convincing evidence at his bond hearing. Id.
Respondents filed a timely Objection to the Report, asserting that Petitioner is
properly detained under 8 U.S.C. § 1225(b), but conceding that pursuant to Santillan
Quiroz v. Mullin, 180 F.4th 1226 (10th Cir. 2026), he is entitled to a bond hearing. [Doc.
No. 17].
Accordingly, the Court must make a de novo determination of the portions of the
Report to which a specific objection is made, and may accept, reject, or modify the
recommended decision, in whole or in part. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P.
72(b)(3).
The Court agrees with Judge Mitchell’s determination that Petitioner is detained
pursuant to 8 U.S.C.§ 1226, not § 1225(b)(2)(A). Moreover, the Court agrees with Judge
Mitchell’s conclusion that the relief warranted is a bond hearing pursuant to § 1226. See
Santillan Quiroz v. Mullin, 180 F.4th 1226, 1251 n. 13 (10th Cir. 2026) (directing the
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).”).
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Additionally, the Court agrees with Judge Mitchell’s recommendation to decline to address
the issue of whether to place the burden on the government to justify Petitioner’s detention
pending removal proceedings, at this time. See Singh v. Grant, No. CIV-26-279-J, 2026
WL 1035100, at *2 (W.D. Okla. Apr. 16, 2026) (finding a burden shift premature where
“no immigration judge has conducted a bond hearing in Petitioner’s case, much less
allocated the burden of proof or applied the particular facts of this case to the evidentiary
framework.”); see also Singh v. Figueroa, No. CIV-26-600-R, 2026 WL 1181699, at *1 n.2
(W.D. Okla. Apr. 30, 2026) (same); Rangel v. Mullin, No. CIV-26-568-D, 2026 WL
1625653, at *2 n.2 (W.D. Okla. June 5, 2026) (same).
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No.
16] is ADOPTED, and 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.
IT IS FURTHER ORDERED that Respondents shall provide Petitioner with a
bond hearing under 8 U.S.C. § 1226(a), within 7 days of the date of this Order, or release
Petitioner.1 A separate judgment shall be entered.
IT IS SO ORDERED this 15th day of October, 2026.
1 Given this determination, the Court declines to address Petitioner’s remaining claims at this time.
UN IT ED STATES DI ST RICT JUDGE
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