Rafael Antonio Hernandez Ramos, who entered the United States in April 2013 and has resided here continuously for over 13 years, was detained by immigration officials on March 21, 2026. The father of two U.S. citizen children has no criminal history and challenged his detention through a pro se petition for writ of habeas corpus under 28 U.S.C. § 2241.
Judge Drozd adopted the reasoning from his recent decisions in Quichimbo-Jimenez v. Warden and J.P.C. v. Chestnut, both involving similar ICE detention challenges. The government conceded in its opposition that "there are no significant factual or legal issues in this case that materially distinguish it from the cases identified in the court's order" and waived any hearing on the matter.
Hernandez Ramos filed his habeas petition on April 3, 2026, along with a motion for a temporary restraining order. Judge Drozd had set a briefing schedule directing the government to explain how this case differed from his previous rulings ordering the release of similarly situated detainees.
The court enjoined ICE from re-detaining Hernandez Ramos without providing notice and a pre-detention hearing before an immigration judge, with the burden of proof governed by 8 U.S.C. § 1226(a). The judge denied Hernandez Ramos's request for attorney's fees without prejudice to filing a properly supported motion.