Denis Fernandez-Guerra, a Cuban citizen who entered the U.S. illegally decades ago, challenged his detention by U.S. Immigration & Customs Enforcement after the agency revoked his supervised release in September 2025. Following numerous criminal convictions, an immigration judge ordered his removal, but the government was unable to deport him and initially released him under conditional supervision before putting him back in custody.
Judge K.C.D. applied the Supreme Court's Zadvydas v. Davis framework, which limits immigration detention to periods "reasonably necessary" for removal. Judge K.C.D. found that after six months, Fernandez-Guerra met his burden of showing no significant likelihood of removal given Cuba's political conflict with the U.S. and Mexico's refusal to accept him. The government failed to rebut this showing, offering "no documents, no diplomatic agreements, and no concrete evidence" of future removal.
Fernandez-Guerra filed a pro se habeas corpus petition under 28 U.S.C. ยง 2241, claiming his continued detention violated the Fifth Amendment. ICE opposed the petition, arguing it was attempting to secure his removal to an unspecified country, but provided no evidence that previous impediments had been resolved.
The ruling highlights ongoing challenges with prolonged immigration detention when removal is impossible. While acknowledging Fernandez-Guerra is "by all accounts a career criminal," the judge emphasized that constitutional limits cannot be ignored and any systemic fixes must come from Congress or the Executive branch, not federal courts.