Saturday, March 7, 2026

Venezuelan Man Detained by ICE Feb 19 Filed SDNY Habeas Citing Yajure Hurtado BIA Case



Venezuelan Man Detained by ICE Feb 19 Filed SDNY Habeas Citing Yajure Hurtado BIA Case

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Feb 20 รข€“A man from Venezuela was detained by ICE in 26 Federal Plaza on February 19.

He filed a habeas corpus petition in the US District Court for the Southern District of New York on February 20, where Inner City Press found it. 

 The case was assigned to Judge J. Paul Oetken who set a conference for February 26.

  The petition says he "has resided in the US since August 2022 and lives in The Bronx... After a dispute with his partner, Mr. Gimenez-Dominguez was arrested in January 2026. The charges were later dropped."
 
  It adds, as many now do, that "on September 5, 2025 the Board of Immigration Appeals issued a precedent decision, biding on all immigration judges, hold that an immigration judge has no authority to consider bond requests for any person who entered the US without [per]mission. See Matter of Yajure Hurtado, 28 I. & N. Dec 216 (BIA 2025).

Judge Liman, for on, on February 20 mulled overing an immigration judge to follow Judge Liman's Article III orders, and not the Article II precented of Hurtado.  Inner City Press remains on the case(s).

This case is Gimenez-Dominguez v. Francis, et al., 1:26-cv-1438 (Oetken)

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