Reported / Citable
Background
Yohanel Laffitte Pantoja, a Cuban citizen, entered the United States in 2019 and was ordered removed to Cuba by an immigration judge in February 2020. ICE released him on an order of supervision in January 2021.
After Laffitte Pantoja was arrested in Arkansas in October 2025 on a breaking-and-entering charge and entered a diversion program, ICE took him back into custody on February 27, 2026. He filed a petition under 28 U.S.C. § 2241 challenging his continued immigration detention.
The Court’s Holding
Magistrate Judge Ignacio Torteya III recommended dismissing the petition without prejudice as premature. Under Zadvydas v. Davis, detention following a final removal order is presumptively reasonable for six months.
Laffitte Pantoja had not been in ICE custody beyond that presumptively reasonable period, and he did not allege facts showing that removal was not significantly likely in the reasonably foreseeable future. The magistrate judge therefore recommended closing the case, subject to the parties’ opportunity to object to the report and recommendation.
Key Takeaways
- A post-removal immigration-detention habeas challenge generally is premature during the first six months of detention.
- To obtain relief after that period, a detainee must first show no significant likelihood of removal in the reasonably foreseeable future.
- The recommended dismissal was without prejudice, leaving open a later challenge if circumstances change.
Why It Matters
The recommendation applies Zadvydas‘ six-month presumption to an immigration detainee returned to ICE custody after a period of release under supervision. It underscores that a § 2241 petition must allege both sufficiently prolonged detention and facts supporting an asserted lack of foreseeable removal.