ICE Detention Case: Man Detained by ICE After Traveling from Puerto Rico
Man Detained by ICE After Traveling from Puerto Rico.
Background on Mr. Morales
This ICE detention case involves Mr. Morales, a 35‑year‑old husband and father of two U.S. citizen children. He has lived in the United States since 2002 and has worked and paid taxes since 2008. Despite his long‑standing ties to the country, he has remained in jail since February—not because of any criminal record, but because the U.S. Department of Homeland Security (DHS) detained him under its mandatory detention policy. His only alleged violation is entering the United States without a visa, illustrating how an ICE detention case can impact long‑term U.S. residents with no criminal history.
In the past, mandatory detention unrelated to a criminal record applied only in limited circumstances—mainly for individuals apprehended near a land border shortly after entry. However, a series of controversial Board of Immigration Appeals (BIA) decisions broadened the scope of detention dramatically. The first major ruling, Matter of Q. Li, was issued on May 15, 2025. Soon after, the Board released another sweeping decision, Matter of Yajure Hurtado, on September 5, 2025. These decisions expanded mandatory detention far beyond its original statutory intent.
To understand how these decisions fit within the broader framework of immigration case law, readers can consult the EOIR Virtual Law Library, an official resource that provides access to precedent decisions and legal materials: https://www.justice.gov/eoir/virtual-law-library
Mr. Morales’s Case
In this ICE detention case, our client has been held by ICE since February 2025. Officers detained him while he was traveling from Puerto Rico back to his home in Arkansas, where he lives with his wife and children.
The Cleveland Immigration Court incorrectly denied him bond. The Immigration Judge ruled that traveling to Puerto Rico constituted leaving the United States—even though Puerto Rico is a U.S. territory with its own immigration court system. Based on this flawed reasoning, the judge labeled Mr. Morales a flight risk and denied him the opportunity to post bond.
Mr. Morales appealed to the BIA, but the Board refused to review his case, citing Q. Li and Yajure Hurtado. The Board claimed these decisions stripped it of jurisdiction to consider appeals like Mr. Morales’s, leaving him detained without a meaningful opportunity to challenge his custody.
Legal Challenge and Victory in Federal Court
Our legal team filed a habeas petition on Mr. Chavez’s behalf. We argued that the Board’s interpretation of mandatory detention violated both the Immigration and Nationality Act (INA) and the Constitution’s guarantee of due process.
On October 20, 2025, the U.S. District Court for the Northern District of Ohio issued a landmark decision in Morales v. Dir. of Detroit Field Office, et al. The court ruled that DHS cannot apply mandatory detention to people who entered the United States without inspection more than two years ago.
This ruling sets an important precedent within the Northern District of Ohio. It provides a legal path for immigrants who have lived in the United States for years to challenge their detention. Most importantly, the decision allows Mr. Morales to seek bond and finally return home to his family after more than six months in detention.
Ayla Blumenthal
Ayla Blumenthal is an immigration attorney at Margaret W. Wong & Associates, LLC. Based out of the Cleveland, Ohio office, she handles different types of immigration cases.
Ayla brings 7 years of immigration law experience, including in removal defense, USCIS humanitarian applications, and family-based immigration. Prior to joining Margaret W. Wong & Associates, LLC, she practiced at a Cleveland-area nonprofit legal service provider representing clients in immigration matters. Ayla has successfully helped numerous clients obtain relief from deportation in the form of asylum–both before USCIS and before the immigration court, U and T visas, VAWA applications, SIJ status cases, and adjustment of status.
As a first-generation American, Ayla practices immigration law driven by a strong moral imperative to help immigrant families.
