Jostin Villalobos Fernandez arrived in the United States in November 2019 at age 14, was apprehended by Customs and Border Protection, and released into foster care on conditional parole. On February 7, 2026, Immigration and Customs Enforcement re-detained him without revoking his conditional parole status and without providing any warning, paperwork, or legitimate reason, according to his habeas corpus petition filed February 18.
Judge Drozd concluded that while the government argued there were changed circumstances justifying the detention, officials failed to provide written notice of the reason for revocation as required by due process. "The court therefore concludes that petitioner is likely to succeed on the merits of his claim that his parole revocation violated due process because he did not receive written notice of the reason for revocation," Drozd wrote, citing precedent requiring notification and reasoning for parole revocation.
The case followed the court's reasoning in two similar decisions from 2025, Rocha Chavarria v. Chestnut and Singh v. Albarran, where Judge Drozd had previously addressed comparable immigration detention issues. Respondents argued this case was distinguishable because they provided evidence of changed circumstances, unlike in Rocha Chavarria, but conceded they did not oppose resolving the habeas petition on the current briefing.
The court ordered Fernandez's immediate release on the same conditions he was subject to before his February re-detention and enjoined officials from re-detaining him without providing notice and a pre-detention hearing. However, Judge Drozd denied the petitioner's request to enjoin re-detention during pending removal proceedings, finding no legal authority supporting such broad relief.