Jose Adolfo Dubon Santos entered the United States without inspection in November 2006 and has since filed pending applications for permanent residency and asylum. Immigration authorities initially chose not to detain him when he filed those applications, but encountered and detained him on January 27, 2026. Santos challenged his detention through a habeas corpus petition, arguing he was entitled to a hearing before being held.
Judge Drozd relied on his recent decision in Ayala Cajina v. Wofford, where he concluded that due process required a pre-detention hearing to protect liberty interests. The government conceded there were "no material factual or legal distinctions" between Santos's case and Ayala Cajina, according to the order. Drozd wrote that "petitioner's continued detention violates due process" and incorporated his prior reasoning wholesale.
The government had argued Santos was detained under 8 U.S.C. ยง 1225(b)(2), but Drozd noted he had "rejected" that argument "on several prior occasions" in similar cases. The government also indicated it would not oppose resolving the habeas petition based on the current briefing, effectively conceding the case.
Drozd ordered Santos released on the same conditions he faced before detention and enjoined ICE from re-detaining him without providing notice and a pre-detention hearing. The ruling requires the government to prove Santos is a danger or flight risk by clear and convincing evidence at any future hearing.