A native and citizen of Venezuela presented himself at a U.S. port of entry on October 25, 2023, and was issued a Notice to Appear charging him as inadmissible. He was then released on humanitarian parole, which expired on October 10, 2025. On June 2, 2026, ICE officers detained him, and he has remained in DHS custody since that date. On June 24, 2026, an Immigration Judge ordered him removed, and he appealed that decision to the Board of Immigration Appeals. He filed a federal habeas corpus petition on August 10, 2026, arguing that his continued detention and re-detention without a hearing violated the Due Process Clause of the Fifth Amendment. The court found that although his detention was properly classified under 8 U.S.C. § 1225(b)(2), he retained a liberty interest in his release that did not expire along with his parole, and that the entry fiction doctrine did not bar his non-admissions due process claim. Applying the Mathews v. Eldridge balancing test, the court found all three factors favored him and ordered his immediate release from custody under the same conditions that existed before his re-detention.