Melesio Romo Rios, who entered the United States in 2000 and was living with his family prior to his detention by the Department of Homeland Security, challenged his continued detention through a federal habeas corpus petition. Rios sought either immediate release on bond or a bond hearing where the government would bear the burden of proving his detention was necessary.
Magistrate Judge Scott T. Varholak found that Rios was entitled to a bond hearing under 8 U.S.C. § 1226(a) rather than being subject to mandatory detention under § 1225(b). "An individual who has been living in the United States for many years is not 'seeking admission' such that their detention is mandatory under Section 1225," Varholak wrote, citing numerous similar rulings from the District of Colorado. The judge also ordered that the government must prove by clear and convincing evidence that Rios poses a flight risk or danger to the community.
The case follows a pattern of similar habeas corpus petitions in the District of Colorado, with Varholak noting that "this same legal question has been addressed by this District on numerous occasions over the past several months." The parties consented to proceed before the magistrate judge for all proceedings, including entry of final judgment.
The ruling requires the government to provide the bond hearing within seven days and file a status report within ten days certifying compliance. The order also prevents authorities from removing Rios from Colorado or the United States until the court or Tenth Circuit vacates the order, preserving the court's jurisdiction over the matter.