A federal court in New Mexico has granted a habeas corpus petition filed by Alejandro Ferrer Tamayo, a Cuban immigrant who has been detained by U.S. Immigration and Customs Enforcement (ICE) since March 2025. The court ruled that his prolonged detention violates his Fifth Amendment right to due process, as there was no reasonable likelihood of his removal to Cuba in the foreseeable future.
The ruling, issued on October 7, 2026, affects Tamayo, who has been held at the Otero County Processing Center. This decision highlights ongoing concerns about the treatment of immigrants in detention and raises questions about the legality of prolonged detentions without clear removal plans.
Background
Alejandro Ferrer Tamayo is a Cuban citizen who has lived in the United States for several years. In February 2021, an immigration judge ordered his removal from the country. Tamayo did not appeal this order, which made it administratively final. He was taken into ICE custody on March 8, 2025, and has remained detained since then.
In his petition, Tamayo argued that his removal was not reasonably foreseeable due to the indefinite nature of his detention. He claimed that the prolonged detention violated his due process rights under the Fifth Amendment. The case was filed under docket number 2:26-cv-03135, and the court was tasked with determining whether his continued detention was lawful.
The Ruling
The court ruled in favor of Tamayo, stating, "Petitioner has provided good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future, and the Government has failed to present sufficient evidence to rebut that showing." This ruling was based on precedents set by the Supreme Court in the case of Zadvydas v. Davis, which established that the government cannot detain noncitizens indefinitely without a reasonable likelihood of removal.
Judge Margaret Strickland issued the order, granting Tamayo's petition for a writ of habeas corpus. The court ordered his immediate release from detention, subject to reasonable conditions of supervision. Additionally, the court mandated that all of Tamayo's seized property be returned to him.
Impact
This ruling has significant implications for the treatment of immigrants in detention. It reinforces the legal principle that prolonged detention without a clear path to removal is unconstitutional. The decision may set a precedent for other similar cases, where detainees argue that their continued confinement violates their due process rights.
Furthermore, the court's ruling emphasizes the government's responsibility to provide evidence of a reasonable likelihood of removal after a certain period. This could lead to changes in how ICE handles cases involving prolonged detention, potentially affecting many individuals in similar situations.
What's Next
Following this ruling, the government has the option to appeal the decision. However, details regarding any potential appeal were not available in the court filing. There may also be related cases pending that address similar issues of prolonged detention and due process rights for immigrants.