Leonides Hernandez Alvarez v. United States Immigration and Customs Enforcement, et al.
CourtDistrict Court, W.D. Pennsylvania
Date FiledOctober 8, 2026
Docket3:26-cv-01400
StatusUnknown
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Full Opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
LEONIDES HERNANDEZ ALVAREZ, )
)
Petitioner, ) No. 3:26-cv-01400
)
v. ) Chief Judge Cathy Bissoon
)
UNITED STATES IMMIGRATION AND )
CUSTOMS ENFORCEMENT, et al., )
)
Respondents. )
MEMORANDUM AND ORDER
I. MEMORANDUM
Now before the Court is Petitioner Leonides Hernandez Alvarez’s Petition for a Writ of
Habeas Corpus under 28 U.S.C. § 2241 (Doc. 3) (the “Petition”). Respondents filed a so-styled
Response to Petition of Habeas Corpus (Doc. 7) (the “Response”), attaching, inter alia, the
Declaration of Deportation Officer Daniel Zamarripa, Jr. (Doc. 7-3) (the “Declaration”). After
the Response was served, Petitioner timely filed a letter in further support of the Petition
(Doc. 8). For the reasons that follow, the Petition will be granted as set forth in the Order below.
A. Factual Background
Petitioner “escaped from Cuba and its dictatorship.” Doc. 3-1 at 1. After fleeing Cuba,
Petitioner entered the United States in 2021, and was encountered by the United States Border
Patrol in Texas. Decl. (Doc. 7-3) ¶ 2. Border Patrol released Petitioner, providing him with
several Immigration and Customs Enforcement (“ICE”) “check-in” dates. Doc. 3-1 at 1. At one
of these scheduled appointments, ICE agents seized Petitioner’s documents. Id. He was then
taken into ICE custody on October 14, 2025. Decl. ¶ 3.
On December 19, 2025, Immigration Judge Pedro Espinal entered a removal order
directing that Petitioner “shall be removed to Cuba.” Resp. Ex. 2 (Doc. 7-2) at 2-3. Immigration
Judge Espinal’s order became a final order of removal on January 20, 2026, because Petitioner
did not lodge an appeal. Decl. ¶ 6. Despite nearly 12 months passing since ICE first detained
Petitioner, and more than eight months since Immigration Judge Espinal’s order of removal
became final, Petitioner remains detained by ICE.
B. Analysis
The Petition asserts that Petitioner’s continued detention violates 8 U.S.C. § 1231. Pet.
¶ 13.1 Section 1231(a) provides for a 90-day removal period, during which the Attorney General
“shall detain” the individual who had been ordered removed. See 8 U.S.C. § 1231(a)(1)(A),
(2)(A). But once the removal period has passed, continued detention is not authorized by statute
when “removal is no longer reasonably foreseeable.” Zadvydas v. Davis, 533 U.S. 678, 699
(2001). In other words, “the statute, read in light of the Constitution’s demands, limits an alien’s
post-removal-period detention to a period reasonably necessary to bring about that alien’s
removal from the United States. It does not permit indefinite detention.” Id. at 689. Under the
Zadvydas framework, a post-removal order detention period of six months is “presumptively
reasonable.” Id. at 701. “After this 6-month period, once the alien provides good reason to
believe that there is no significant likelihood of removal in the reasonably foreseeable future, the
Government must respond with evidence sufficient to rebut that showing.” Id.
Respondents concede that Petitioner’s more than eight months of post-removal-order
detention facially surpasses the six months considered “presumptively reasonable” under
Zadvydas. Resp. at 5. Respondents’ argument that the Court should disregard this extended
detention duration because Petitioner “failed to comply with removal efforts,” id., is not well
1 Respondents concede that the Court has jurisdiction to act on the Petition. Resp. at 3; see also
Zadvydas v. Davis, 533 U.S. 678, 688 (2001) (“We conclude that § 2241 habeas corpus
proceedings remain available as a forum for statutory and constitutional challenges to post-
removal-period detention.”).
taken and borders on frivolous. Although § 1231(a)(1)(C) allows for the suspension of the
removal period under certain conditions, none of those circumstances appear to be present here.
Respondents identify no application or other document material to removal that Petitioner
refused to complete.2 Respondents also identify no specific act by Petitioner that “prevent[ed]”
Respondents from removing Petitioner. Instead, Respondents present an irrelevant narrative of
ICE transferring Petitioner between various locations within the United States.
Two days after the Court entered the Case Management Order (ECF No. 4) directing
Respondents to respond to the Petition, Respondents transferred Petitioner from the Moshannon
Valley Processing Center (“Moshannon”) in Philipsburg, Pennsylvania, to the Port Isabel Service
Processing Center in Los Fresnos, Texas. Decl. ¶ 22. ICE then transported Petitioner to the
Hidalgo Port of Entry. Id. ¶ 23. Respondents make the conclusory averment that, having
transported Petitioner more than 1,500 miles to the United States-Mexico border, Petitioner then
“refused to depart the United States” before ICE transferred him the 1,500 miles back to
Moshannon. Id. ¶¶ 23, 24. As a court recently discussed when presented with materially
indistinguishable facts:
It is unclear whether ICE transported Petitioner to the border and essentially asked
him to voluntarily depart, whether ICE had ever previously communicated with
Mexico regarding Petitioner[] or whether ICE even had an approved plan for
removal to Mexico that Petitioner actually thwarted in some way. Further,
assuming that Mexico was willing to accept Petitioner, the officer does not explain
2 Petitioner’s initial failure to sign a “Notice of Removal to Mexico” has no apparent bearing on
Respondents’ ability to remove Petitioner. See, e.g., Martinez v. Warden, Fla. Baker Corr. Inst.,
No. 3:26-cv-01363, 2026 WL 1858268, at *3 (M.D. Fla. June 29, 2026) (“The document[] that
Petitioner refused to sign are notices to him about ICE’s intention to remove him to Mexico . . .
not applications for travel documents or forms that would otherwise appear to assist in his
removal.”). Indeed, this irrelevance is confirmed by the Declaration, which appears to claim that
no documentation is needed to effectuate Petitioner’s removal to Mexico. Decl. ¶ 9 (“Mexico
has agreed to accept deportees for nationals from several countries, including Cuba, and
routinely accepts Cuban nationals without a need for travel documents.”).
why ICE could not or did not thereafter seek travel documents for Petitioner or
otherwise plan for his removal to Mexico via a different way such as a charter flight.
Zamora-Escalonga v. Parra, 1:26-cv-25064, 2026 WL 2481755, at *4 (S.D. Fla. Aug. 25, 2026)
(quoting Hernandez v. Mullin, No. 3:26-cv-00619, 2026 WL 2249504, at *4 (M.D. Fla. Aug. 5,
2026)). After detaining Petitioner for 356 days and transporting him vast distances across the
United States, there is simply nothing in the record that could allow the Court to conclude that
Petitioner took—or even had the capacity to take—any action that would have prevented
Respondents from transporting Petitioner across the United States-Mexico border.3
Respondents’ various intra-country transfers, therefore, provide no basis to presume that
Petitioner’s detention remains reasonable for the purposes of § 1231.
Petitioner also has provided good reason to believe that there is no significant likelihood
of his removal in the reasonably foreseeable future. Although Immigration Judge Espinal
ordered Petitioner removed to Cuba, Petitioner alleges that ICE has been unable to obtain travel
documents from the Cuban government. Pet. ¶ 13. The Declaration confirms Respondents’
inability to remove Petitioner consistent with Immigration Judge Espinal’s order, indicating that
the Government of Cuba denied Petitioner’s repatriation on or about December 12, 2025. Decl.
¶ 7. Accordingly, the burden shifts to Respondents, who must provide evidence sufficient to
rebut Petitioner’s showing. Zadvydas, 533 U.S. at 701.
Respondents have provided the Court with no evidence adequate to support a finding that
there is a significant likelihood that Petitioner will be removed in the reasonably foreseeable
future. Notwithstanding Respondents’ averments that they could transfer Petitioner near to the
3 Indeed, the Court can find no basis in the Declaration for the representation by Respondents’
counsel that Petitioner “affirmatively frustrate[d] the removal process,” and accordingly reminds
Respondents’ counsel of their obligations under Pennsylvania Rule of Professional Conduct 3.1,
which governs counsel’s conduct before the Court. See LCvR 83.3(A).
United State’s border with Mexico, “[a]n effort to compel an individual to voluntarily depart by
walking across an international border to a country of which he is not a citizen is not a removal
effort.” Mendoza Martinez v. Parra, No. 1:26-cv-024255, 2026 WL 2318024, at *6 (S.D. Fla.
Aug. 11, 2026). Although Respondents generally suggest that Mexico has previously “agreed to
accept deportees for nationals from several countries, including Cuba,” Decl. ¶ 9, there is no
indication that Mexico has agreed to accept Petitioner (or that Respondents have made such a
request) and Respondents identify no other potential third country to which Petitioner may be
removed. Respondents have presented the Court with no plan to remove Petitioner and, in light
of the more than eight months that Petitioner has already been detained since the removal order
became final, Petitioner’s continued detention is not authorized by § 1231. Zadvydas, 533 U.S.
at 701 (“[A]s the period of prior post-removal confinement grows, what counts as the
‘reasonably foreseeable future’ conversely would have to shrink.”).
II. ORDER
For the above reasons, the Petition (Doc. 3) is GRANTED and a writ of habeas corpus is
issued. Respondents are ORDERED to RELEASE Petitioner LEONIDES HERNANDEZ
ALVAREZ from custody, within three miles of Miami, FL, or such other location within the
United States as Petitioner voluntarily agrees to in writing, subject to appropriate conditions in
accordance with 8 U.S.C. § 1231(a)(3), no later than 12:01 p.m. on October 9, 2026.
Respondents SHALL CERTIFY COMPLIANCE with this Order by filing a declaration or
affidavit pursuant to 28 U.S.C. § 1746, no later than 1:00 p.m. on October 9, 2026, confirming
the date, time and location of Petitioner’s release, and that appropriate conditions of supervision
have been imposed.
IT IS SO ORDERED.
October 8, 2026 s/Cathy Bissoon
Cathy Bissoon
Chief United States District Judge
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