Gerardo Cruz Riano, a Mexican citizen who has lived in the U.S. continuously since 2011, was arrested by Immigration and Customs Enforcement on March 13, 2026, despite having valid deferred action status through June 2027. Cruz Riano, who has no criminal history, was detained at an ICE facility in New Jersey under mandatory detention provisions that the government argued applied to individuals deemed inadmissible under a recent Board of Immigration Appeals decision.
Judge Semper rejected the government's legal theory, explaining that Cruz Riano 'was apprehended inside the United States after residing here for an extended period, and therefore he should have been detained under 8 U.S.C. § 1226, which requires an opportunity to seek bond.' The judge noted that federal courts have 'in near unanimity similarly rejected the Government's position in approximately 300 cases to date,' citing a Pennsylvania court's finding that 'of the 288 district court decisions to address the issue, 282 have determined that § 1226(a) applies.'
The government had filed a response citing legal authority that officials acknowledged 'has been rejected by several courts' in the District of New Jersey. Judge Semper referenced his recent decision in Bethancourt Soto v. Soto as controlling precedent for similar cases involving long-term U.S. residents detained under the wrong statutory provision.
The judge also enjoined the government from rearresting Cruz Riano under the same legal theory and retained jurisdiction to take further action if needed. The ruling adds to a growing body of district court decisions rejecting the Biden administration's expanded use of mandatory detention provisions for long-term residents, potentially signaling broader challenges to current immigration enforcement policies.