792 F.Supp.3d 224
D. Mass.2025Background
- David Antonio Perez-Escobar was ordered removed to El Salvador in 2003 after failing to appear at a removal hearing and was deported in 2008.
- In 2019, Perez-Escobar unlawfully reentered the U.S., and DHS reinstated his prior removal order.
- He expressed fear of return to El Salvador due to death threats following family murders, which entitled him to a "reasonable fear interview," but he has waited over six years for this interview without receiving it.
- Despite being released on supervision without any record of criminal activity, Perez-Escobar was detained in June 2025 at a scheduled ICE check-in.
- ICE revoked his release, citing a significant likelihood of removal and "changed circumstances," but did not specify the factual grounds for revocation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ICE lawfully revoked release from custody | ICE failed to give notice or specify reasons | Revocation justified by "changed circumstances" | Revocation violated due process and regulation |
| Due process requirements for notice and hearing | No meaningful notice or opportunity to respond | Standards were met by ICE notification | Notice failed basic due process and regulatory requirements |
| Lawfulness of extended delay in reasonable fear interview | Delay prejudiced ability to seek withholding | Did not address unreasonable delay | Delay notable; supports violation of procedural rights |
Key Cases Cited
- Johnson v. Guzman Chavez, 594 U.S. 523 (describes process for withholding of removal under reinstated orders)
- Zadvydas v. Davis, 533 U.S. 678 (liberty from detention is a core due process protection)
- Aponte-Rosario v. Acevedo-Vila, 617 F.3d 1 (procedural due process requires meaningful notice and hearing)
- Mard v. Town of Amherst, 350 F.3d 184 (purpose of notice is to permit adequate preparation for a hearing)