Man detained for a year as material witness stays jailed despite release order, later held by ICE
Jul 31, 2026 · Montgomery, AL
Petitioner Erik Orlando Lopez-Martinez was granted voluntary departure by an immigration judge in 2017 but never left the country, causing that order to automatically convert into a final removal order under federal law. In June 2025, he was detained after law enforcement executed a search warrant at his place of employment, and he was held for nearly a year at the Montgomery Municipal Jail under a material witness warrant. On May 22, 2026, a magistrate judge dismissed the material witness warrant and ordered his release, but he was not released and remained in custody for reasons unknown to the court. He filed a federal habeas corpus petition on July 31, 2026, seeking release or a bond hearing before an immigration judge. Respondents indicated that ICE had only lodged a detainer at the time the petition was filed and did not take physical custody of him until August 4, 2026, after which he was transferred to a facility within the Northern District of Alabama. The court dismissed the petition without prejudice, finding both that Petitioner failed to comply with a show-cause order and that it lacked subject matter jurisdiction because he was not in ICE custody at the time of filing, noting jurisdiction now lies only in the district of his current confinement.
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