Peruvian asylum seeker with two US citizen children detained by ICE at DMV, wins release
Jul 1, 2026 · Aurora, CO, Peru
Joel Anderson Sandoval Espinoza, a citizen of Peru, entered the United States on June 9, 2023, and has lived and worked in the country since then, employed in the A/C mechanics and warehouse industry while paying taxes and contributing to his community. He has two toddlers who are United States citizens. After presenting himself at a port of entry and expressing fear of returning to Peru, he passed a credible fear interview and was paroled into the country to pursue asylum, with his asylum application still pending in ongoing removal proceedings. On July 1, 2026, DHS detained him after he left his local DMV office, and he argued his parole and liberty had been unlawfully revoked without notice or justification. He was held at the Denver Contract Detention Facility and filed a habeas petition seeking immediate release or, alternatively, a bond hearing under 8 U.S.C. § 1226(a). The court found he was improperly subject to mandatory detention under § 1225(b)(2), citing prior rulings and a Tenth Circuit decision limiting that provision's application to noncitizens detained at the border. The court granted the habeas petition, ordered his immediate release without conditions such as GPS monitoring, enjoined his re-arrest absent a clear-and-convincing-evidence bond hearing, and denied his TRO/preliminary injunction motion as moot.
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