Elio Asdrubal Gonzalez Ojeda, a Venezuelan national detained at the North Lake Processing Center in Baldwin, Michigan, has been held by ICE since February 5, 2026, without a custody redetermination hearing. Gonzalez Ojeda entered the U.S. in July 2022 and was paroled by DHS until September 2022. After being arrested during a scheduled ICE check-in in November 2022, he was released on his own recognizance and filed an asylum application. An immigration judge denied his asylum claim in January 2026, and his appeal remains pending.
Judge Maloney concluded that Section 1226(a), not the mandatory detention provisions of Section 1225(b)(2)(A), governs noncitizens like Gonzalez Ojeda who "have resided in the United States and were already within the United States when apprehended." The judge also found that the current detention framework "violates Petitioner's Fifth Amendment due process rights," citing his reasoning from several similar recent cases he decided in December 2025.
ICE had argued that Gonzalez Ojeda should exhaust administrative remedies by pursuing a bond hearing through immigration court first. However, Judge Maloney declined to enforce the exhaustion doctrine, following his analysis from previous habeas cases involving other detained immigrants. The government also contended that only the Detroit ICE Field Office Director should be named as a respondent, but the court retained both that official and the DHS Secretary to ensure compliance if the petitioner is transferred.
The ruling adds to a growing trend of federal courts challenging ICE's detention practices for asylum seekers. Judge Maloney ordered ICE to provide the bond hearing within five business days or immediately release Gonzalez Ojeda, and to file a status report within six days certifying compliance. The decision reflects ongoing tensions between immigration enforcement priorities and constitutional due process protections for detained noncitizens.