A federal court in Tennessee has ordered a response from U.S. Immigration and Customs Enforcement (ICE) regarding the detention of Melqui Diaz Velazquez. The court's decision comes after Velazquez filed a petition for a writ of habeas corpus, arguing that he has been held without a bond hearing since his apprehension on September 3, 2026. This case is significant as it touches on the rights of noncitizens in the U.S. and the legal standards for their detention.
Velazquez, who entered the United States in 2002, is married and has three children, all of whom are U.S. citizens. His oldest child serves in the U.S. military. He has been a member of the Iglesia de Dios Evangelico Completo Church in Memphis, where he has taken on various responsibilities, including serving as a deacon. Velazquez also suffers from type two diabetes, requiring regular medical treatment. His detention by ICE has raised concerns about his health and family situation.
The case began when Velazquez was apprehended by ICE and detained at the West Tennessee Detention Facility. He filed his petition for a writ of habeas corpus under 28 U.S.C. § 2241 on September 30, 2026. In his petition, he challenges his continued detention without a bond hearing, citing the recent ruling in the case of Lopez-Campos v. Raycraft, where the court affirmed that noncitizens who have spent significant time in the U.S. and have not committed offenses making them ineligible for release cannot be held without an individualized bond hearing.
In the ruling, the court emphasized the importance of providing a bond hearing for individuals like Velazquez, who have established ties to the community and have not committed serious offenses. The court stated, "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, or state why Lopez-Campos otherwise does not apply." This highlights the court's expectation for ICE to justify Velazquez's detention in light of the precedent set by the Sixth Circuit.
The court's order requires that Velazquez provide a copy of his petition and the order to the United States Attorney for the Western District of Tennessee within three business days. Following this, ICE must respond to the petition within the same timeframe. If the court finds that ICE has not adequately justified Velazquez's continued detention, it may grant the writ and order his release.
This ruling is significant for other noncitizens facing similar situations. It reinforces the legal requirement for individualized bond hearings for individuals who have spent considerable time in the U.S. and have established roots in their communities. The precedent set by the Lopez-Campos case is likely to influence other immigration cases across the country.
Going forward, the outcome of Velazquez's case could have implications for many noncitizens detained by ICE. If the court rules in his favor, it may encourage others in similar circumstances to seek legal recourse against their detention. The decision could also prompt changes in how ICE handles cases involving long-term residents and their rights to bond hearings.
As the case progresses, it remains to be seen whether Velazquez's petition will be granted or if ICE will provide sufficient justification for his continued detention. The court's order to stay his transfer from the West Tennessee Detention Facility indicates that it is taking his situation seriously and is committed to ensuring that he receives due process.
Details were not available in the court filing regarding whether the case could be appealed or if there are related cases pending. However, the court's ruling emphasizes the importance of adhering to legal standards in immigration detention cases and protecting the rights of individuals like Velazquez.