The CAIR Coalition and the ACLU of Virginia filed a Petition for a Writ of Habeas Corpus on behalf of Eduardo Guerrero Ortiz.

The Capital Area Immigrants’ Rights (CAIR) Coalition and the ACLU of Virginia are suing Immigration and Customs Enforcement (ICE) and Henry County Sheriff’s Office, for detaining Mr. Eduardo Guerrero Ortiz under the color of federal immigration law for seven months at the Henry County Adult Detention Center without charge.  

After Mr. Ortiz was released on bond pretrial by the Henry County Circuit Court, ICE arrested him only to bring him back to Henry County ADC. Even though ICE’s detention authority is premised on pursuing removal proceedings against people they detain, ICE has admitted that only “[u]pon return to ICE custody [will Mr. Ortiz] be processed.” Henry County Adult Detention Center has no contract or agreement with ICE to detain non-citizens.

Mr. Ortiz has now been detained for seven months without being afforded the constitutionally mandated procedures under the immigration laws and governing regulations – with no end in sight. Mr. Ortiz’s detention violates the Immigration and Nationality Act and governing regulations and the Fourth and Fifth Amendments.   

Read about our other Habeas Petitions here.


Sophia Gregg

Date filed

October 6, 2023


Eastern District of Virginia


District Judge Michael S Nachmanoff



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