Enrique J. Someillan filed a habeas corpus petition under 28 U.S.C. ยง 2241 challenging his detention by Immigration and Customs Enforcement, arguing that officials "cannot effect his prompt removal from the United States in the reasonably foreseeable future." The case involves multiple federal defendants including Homeland Security Secretary Kristi Noem, ICE officials, and U.S. Attorney General Pamela Bondi.
The government responded that Someillan is not being unlawfully detained because he has not been held past the presumptive reasonable period under Zadvydas v. Davis and because ICE properly revoked his order of supervision. However, the court found that "parties substantively disagree on the number of days Petitioner has been detained" and could not determine from the file how each side calculated the detention period.
Someillan argued in reply briefs that he has been detained past the presumptive six-month period established under immigration law precedent. The government had initially responded to the petition on January 20, 2026, disputing the length of detention claims.
The court gave the government until April 8 to submit supplemental briefing on the detention period calculation and removal prospects, with Someillan having three days to respond. The order highlights ongoing tensions over prolonged immigration detention when removal to the home country appears unlikely.