Roberto Antonio Pernalete Ures, who entered the United States on September 22, 2023, was initially released on an order of recognizance before being re-detained on June 13, 2025. The government argued that Ures was subject to mandatory detention under 8 U.S.C. § 1225(b)(1), but Ures challenged his detention through a habeas corpus petition.
Judge Drozd adopted a magistrate judge's findings and recommendations in full, reasoning that 'the initial decision to release [a] petitioner under § 1226(a) precludes the government from later switch[ing] tracks to subject him to mandatory detention under § 1225(b)(2) because petitioner's release created a reliance interest.' The court found that Ures materially complied with the conditions of his release and that his re-detention violated due process.
The magistrate judge had recommended granting the petition after finding that Ures was previously released upon a finding that he posed neither a danger to the community nor a flight risk. Respondents filed objections consisting of a single sentence stating they objected 'and stand on their previous briefing,' which the court found insufficient to reject the recommendations.
The court ordered Ures' immediate release on the same conditions he was subject to before his re-detention and enjoined the government from re-detaining him without providing notice and a pre-detention hearing. The ruling follows similar decisions in the Eastern and Northern Districts of California finding that initial release creates reliance interests that prevent track-switching to mandatory detention.