LEONARDO DE JESUS CRUZ CRUZ and LUIS ALBERTO CRUZ CRUZ v. DAVID VENTURELLA, Acting Director, United States Immigration and Customs Enforcement, MARKWAYNE MULLIN, Secretary of Homeland Security; TODD BLANCHE, United States Attorney General, DAVID KLUEMPER, Supervisory Detention and Deportation Officer, United States Immigration and Customs Enforcement; KENNETH BARNETT, Supervisory Detention and Deportation Officer, United States Immigration and Customs Enforcement; JOHN RIFE, Field Office Director, Philadelphia Field Office, United States Immigration and Customs Enforcement; in their official capacities
CourtDistrict Court, S.D. West Virginia
Date FiledOctober 8, 2026
Docket3:26-cv-00607
StatusUnknown
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Full Opinion
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION
LEONARDO DE JESUS CRUZ CRUZ and
LUIS ALBERTO CRUZ CRUZ,
Petitioners,
v. CIVIL ACTION NO. 3:26-0607
DAVID VENTURELLA,
Acting Director, United States Immigration and
Customs Enforcement,
MARKWAYNE MULLIN,
Secretary of Homeland Security;
TODD BLANCHE,
United States Attorney General,
DAVID KLUEMPER,
Supervisory Detention and Deportation Officer,
United States Immigration and Customs Enforcement;
KENNETH BARNETT,
Supervisory Detention and Deportation Officer,
United States Immigration and Customs Enforcement;
JOHN RIFE,
Field Office Director, Philadelphia Field Office,
United States Immigration and Customs Enforcement;
in their official capacities,
Respondents.
MEMORANDUM OPINION AND ORDER
Petitioners challenge their current civil immigration detention without an individualized
custody determination and request immediate release. Am. Pet. ¶¶ 2–3, 19–21, ECF No. 9.
Petitioners were arrested on the morning of October 1, 2026, within the interior of the United
States, in or around Hurricane, West Virginia, near exit 34 following a traffic stop. Id. ¶ 15. They
were then transported to the ICE processing facility in Poca, West Virginia. Resp. at 5, ECF No.
7. At this facility, they signed voluntary departure agreements. Am. Pet. ¶ 16. This Petition was
initially entered around 10:06 A.M. on the same day. Pet., ECF No. 1.
Respondents argue that Petitioners are subject to continued detention pending departure
under 8 C.F.R. § 240.25(b), due to their voluntary departure agreements. Respondents also argue
that if Petitioners revoked their voluntary departure agreements, they would be subject to
discretionary detention under 8 U.S.C. § 1226(a). In either case, no evidence has been proffered
that Petitioners have received an individualized custody determination. As such, the Court finds
that this case does not present factual or legal issues that would support a different outcome or
analysis than the Court’s prior rulings. See, e.g., Uulu v. Aldridge, No. 3:26-073, 2026 WL 401200
(S.D. W. Va. Feb. 12, 2026); Simanca Gonzalez v. Aldridge, No. 3:26-0055, 2026 WL 313476
(S.D. W. Va. Feb. 5, 2026).
Moreover, both Judge Goodwin and Judge Berger have issued orders in similar cases,
wherein Respondents’ concession that the respective petitioners were detained under § 1226(a),
instead of 8 U.S.C. § 1225, did not impact their analysis of the petitioners’ entitlement to due
process. See Sanchez Martinez v. Mason, No. 2:26-cv-110 (S.D. W. Va. Feb. 23, 2026) (Goodwin,
J.); Tinajero Rodriguez v. Mason, No. 2:26-cv-122 (S.D. W. Va. Feb. 24, 2026) (Berger, J.). The
Court concurs with their analysis here.
As in prior cases, the Court also does not address nor make any ruling upon the validity or
invalidity of the voluntary departure agreements signed by Petitioners. See, e.g., Rosas Magala v.
Venturella, No. 3:26-cv-0538, 2026 WL 2600984 (S.D.W. Va. Sept. 2, 2026). Even if the Court
did find that these agreements were valid, Respondents acknowledge that Petitioners may “revoke”
their voluntary departure agreements. Resp. at 2.
In Tinajero Rodriguez, Judge Berger similarly acknowledged that “the Petitioner could
withdraw the voluntary departure form” and likewise found “the voluntary departure to be of little
relevance to the legality of the Petitioner’s detention.” Tinajero Rodriguez, No. 2:26-cv-122 at 3
n.4. The Court also concurs with her analysis here.
Thus, the Court finds that Respondents’ detention of Petitioners without an individualized
custody determination is unlawful under the Immigration and Nationality Act and the Due Process
Clause of the Fifth Amendment. The Court also finds Petitioners’ release is the appropriate
remedy. This Court’s prior opinions are adopted and form the basis for this brief opinion. See, e.g.,
Uulu, 2026 WL 401200; Simanca Gonzalez 2026 WL 313476. The Court’s analysis of the
Immigration and Nationality Act and entitlement to due process within it has not changed.
For the foregoing reasons, the Court GRANTED Petitioners’ Amended Petition, ECF No.
9, and DENIED Respondents’ Motion to Dismiss, ECF No. 7. See Order, ECF No. 15.
The Court DIRECTS the Clerk to send a copy of this written Opinion and Order to counsel
of record and any unrepresented party.
ENTER: October 8, 2026
ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE
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