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Euceda v. Evans

United States District Court, E.D. Virginia, Alexandria Division

April 24, 2017

YOBANIS VILLATORO EUCEDA, Petitioner,
v.
YVONNE EVANS, Respondent.

          MEMORANDUM OPINION

          LEONIE M. BRINKEMA UNITED STATES DISTRICT JUDGE.

         Before the Court are the parties' cross-motions for summary judgment in this habeas corpus action, in which petitioner, Yobanis Villatoro Euceda ("petitioner" or "Villatoro"), a citizen of Honduras who is illegally in the United States, seeks an order directing the Department of Homeland Security[1] to release him on bond or, at a minimum, conduct a hearing to determine whether he ought to be released on bond. For the reasons stated in this Memorandum Opinion, respondent's Motion for Summary Judgment will be granted and petitioner's Motion for Summary Judgment will be denied.

         I. BACKGROUND

         The material facts are not in dispute. See Pet. Memo. 1. Villatoro admits that "[h]e first arrived in the United States, without being admitted or inspected, at Laredo, Texas on" April 16, 2006. Resp. SUMF ¶ 1. U.S. Immigration and Customs Enforcement ("ICE") determined that he was inadmissible because of his undocumented status, processed him for expedited removal, and he was removed on April 22, 2006. Id. at ¶ 2.

         Villatoro returned to the United States approximately one month after being removed. Id. at ¶ 3 n.3. Over ten years later, on July 26, 2016, he was convicted of possession of cocaine in the Arlington County Circuit Court and received a sentence of probation to last until July 20, 2018. Id. at ¶ 4. ICE arrested him on September 7, 2016, having reinstated the removal order originally entered in 2006. Id. at ¶ 5. Because a reinstated order of removal is not subject to administrative or judicial review, since September 7, 2016, ICE has detained Villatoro pursuant to 8 U.S.C. § 1231(a)(2), which requires the government to detain persons who are subject to final orders of removal. See Resp. SUMF ¶ 5; 8 U.S.C. §§ 1231(a)(2); 1231(a)(5).

         Although reinstated orders of removal cannot be reviewed, persons subject to such orders can apply for "withholding" of removal under 8 U.S.C. § 1231(b)(3) based on a reasonable fear of persecution or can invoke the protections of the Convention Against Torture ("CAT"). Villatoro filed such an application, to which he attached the following handwritten affidavit:

As part of my bull riding job, I travelled a lot. Friends told me that the three drug dealers were looking for me at my house. When I returned home, I tried to hide, either stay indoors or when I went out, I would take alternative routes.
My bull riding group was known as Los Bravos de la Esperanza and was composed of four bull riders.
A friend Dario, rode bulls with me. The drug dealers could not find me and left a message with Dario. The drug dealers told Dario to tell me that if I was unwilling to cooperate with the drug dealers, that I would be killed. I was afraid and decided to flee. The drug dealers returned to my house looking for me.
I came to the United States because I knew my life was in danger. I could not call the police. The police were paid by the drug dealers. I saw drug dealers give police officers envelopes and folders. Common sense dictates that it is cashed [sic].
In addition, it is well known the police corruption in Honduras.
In the US, I was deported to Honduras. I knew my life was in danger. I fled again. I was in Honduras for about one week and returned.
The drug dealers targeted my family. My nephew, Sterling Flores, was shot and killed by the drug dealers. In addition, Santos Saul Flores Euceda[2] was shot. The drug dealers thought he was killed but he survived.
I cannot return to Honduras. I know that the drug dealers will kill me. I refused to transport drugs for them and that is why I was targeted for death. I also know that the police will not protect me because the ...

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