Melqui Diaz Velazquez v. Christopher Bullock, Field Office Director of U.S. Immigration and Customs Enforcement, New Orlean Field Office
CourtDistrict Court, W.D. Tennessee
Date FiledOctober 8, 2026
Docket2:26-cv-03297
StatusUnknown
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Full Opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
)
MELQUI DIAZ VELAZQUEZ, )
Petitioner, )
)
v. )
)
No. 2:26-cv-03297-SHL-cgc
CHRISTOPHER BULLOCK, Field Office )
Director of U.S. Immigration and Customs )
Enforcement, New Orlean Field Office, )
)
Respondent.
)
)
ORDER STAYING TRANSFER AND REQUIRING RESPONSE
On September 30, 2026, Petitioner Melqui Diaz Velazquez filed his Petition for Writ of
Habeas Corpus under 28 U.S.C. § 2241. (ECF No. 1.) He challenges his continued detention
without a bond hearing. (Id. at PageID 1, 6.) He entered the United States in 2002 and has
remained here since entry. (Id. at PageID 2.) He is married and has three children who are
United States citizens. (Id.) His oldest child is a member of the United States Military. (Id.)
Mr. Diaz Velazquez suffers from type two diabetes and requires treatment to maintain his
condition. (Id.) He attends Iglesia de Dios Evangelico Completo Church in Memphis, where he
served as a deacon, cooks for the church, and maintains church offerings. (Id.) On September 3,
2026, he was apprehended and detained by ICE. (Id.) He is detained at the West Tennessee
Detention Facility, and seeks immediate release. (Id. at PageID 7.)
On May 11, the Sixth Circuit issued the opinion in Lopez-Campos v. Raycraft, 175 F.4th
713 (6th Cir. 2026), affirming that a noncitizen who has spent “significant time . . . within the
interior of the United States,” and who has not committed an offense rendering them ineligible
under § 1226(c), may not be detained without an individualized bond hearing. 175 F.4th at 734.
Upon review of the Petition, it is ORDERED as follows:
(1) Within three business days of the filing of this Order, Petitioner shall deliver a
copy of the Petition and this Order to the United States Attorney for the Western District of
Tennessee electronically at the following email address: stuart.canale@usdoj.gov.
(2) Within three business days after Petitioner complies with the above requirement,
Respondent shall respond to the Petition. If the basis of Petitioner’s detention is 8 U.S.C. §
1225(b)(2)(A) and Respondent continues to oppose release, Respondent shall either distinguish
this case from Lopez-Campos v. Raycraft, 175 F.4th 713 (6th Cir. 2026), or state why Lopez-
Campos otherwise does not apply. If no such showing is made, Respondent shall state whether
he consents to the issuance of the writ.
(3) Petitioner may file a reply within three business days after Respondent’s
responsive filing.
(4) Respondent shall not transfer Petitioner out of the West Tennessee Detention
Facility during the pendency of the Petition, and if Petitioner has been transferred since filing his
Petition, Respondent is ORDERED to transfer him back to the Western District of Tennessee.
IT IS SO ORDERED, this 8th day of October, 2026.
s/ Sheryl H. Lipman
SHERYL H. LIPMAN
CHIEF UNITED STATES DISTRICT JUDGE