Attorney Barchiesi Secures Release of Asylum-Seeker Detainee Amid Ongoing Legal Challenge to Trump Administration Detention Policies
Following recent federal challenges to President Trump’s current immigration enforcement practices, Philadelphia attorney Robert C. Barchiesi, II, Esq. has secured the release of a detained individual through successful habeas corpus litigation in the United States District Court for the Middle District of Pennsylvania.
In Rojas v. Warden, Pike County Correctional Center et al., No. 3:26-cv-00073-KMN, the United States District Court for the Middle District of Pennsylvania granted the petition for writ of habeas corpus and ordered the petitioner’s immediate release from ICE custody.
The petitioner, who had been previously living in the United States while his immigration case was pending, was re-detained and held without a bond hearing under the government’s current detention policies. The government asserted detention authority under 8 U.S.C. § 1225; however, the Court rejected that position.
In its ruling, the Court found that detention under § 1225 was inapplicable to individuals arrested in the interior of the United States, and held that the petitioner must instead be considered under 8 U.S.C. § 1226(a)—which requires an individualized bond hearing. Because no such hearing had been provided, the Court determined that the detention was unlawful and ordered immediate release.
The Court further permanently enjoined the government from detaining the petitioner under § 1225, reinforcing growing federal scrutiny of detention-classification practices currently being applied nationwide.
This case builds upon Attorney Barchiesi’s ongoing challenges to federal immigration detention policies, previously highlighted in litigation against the Trump administration, DHS, and senior officials. As reflected in both cases, individuals who were previously released or living in the community are now being re-detained under expanded interpretations of mandatory detention—often without access to bond hearings.
Federal district courts across the country are increasingly being asked to review these practices. Decisions like Rojas reflect a broader trend in which courts are rejecting the government’s reliance on § 1225 to detain individuals arrested in the interior and are reaffirming the requirement of individualized custody determinations.
Barchiesi Law PLLC continues to represent individuals and families affected by these evolving enforcement policies and remains committed to challenging unlawful detention and protecting the due process rights of those in immigration custody.
