Serrano Portillo v. Warden of Pike County Correctional Facility

Aug 4, 2026
3:26-cv-01996

ORDER

AND NOW, THIS 4th DAY OF AUGUST 2026, upon consideration of Petitioner Obed Enoc Serrano Portillo‘s pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 1), Respondent‘s response (Doc. 6), and for the reasons set forth in the accompanying memorandum opinion, IT IS HEREBY ORDERED THAT:

  1. Petitioner‘s habeas petition is GRANTED.
  2. Respondent SHALL IMMEDIATELY RELEASE Petitioner Obed Enoc Serrano Portillo from the custody of the Warden of the Pike County Correctional Facility, who has immediate physical custody of Petitioner.
  3. Respondent SHALL CERTIFY COMPLIANCE with the Court‘s Order by filing a declaration or affidavit pursuant to 28 U.S.C. § 1746 no later than Friday August 7, 2026, at 5:00 P.M. confirming that Petitioner Obed Enoc Serrano Portillo has been released from custody.
  4. Respondent is PERMANENTLY ENJOINED from detaining Obed Enoc Serrano Portillo pursuant to 8 U.S.C. § 1225(b), absent a compelling change in circumstances.
  5. If Respondent elects to later detain Petitioner under 8 U.S.C. § 1226(a), the Respondent must provide Petitioner with notice and an opportunity to be heard at a timely individualized bond hearing, where an Immigration Judge assesses whether he is a danger or flight risk.
  6. The Clerk of Court is DIRECTED to CLOSE this case.

Robert D. Mariani

United States District Judge