United States District Court, E.D. Virginia, Alexandria Division
M. BRINKEMA UNITED STATES DISTRICT JUDGE.
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 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.
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.
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. §§
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
In addition, it is well known the police corruption in
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
The drug dealers targeted my family. My nephew, Sterling
Flores, was shot and killed by the drug dealers. In addition,
Santos Saul Flores Euceda 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 ...