Federal judge refuses to release illegal alien detained at Delaney Hall for flight risk

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NEWARK, NJ – A federal judge in New Jersey has dismissed a habeas corpus petition filed by a detained noncitizen after ruling that the petitioner, Jhonathan Steven Chiquito Barzola, had already received the remedy sought — a bond hearing to determine whether he should remain in custody.

Barzola, who is being held at Delaney Hall Detention Facility in Newark, filed the petition earlier this year arguing that his detention under 8 U.S.C. § 1225 was unlawful because that statute does not allow for bond hearings. The court, however, found that his case fell under 8 U.S.C. § 1226, which does permit such hearings, and on November 12 ordered that one be provided.

Following that decision, an Immigration Judge conducted a bond hearing but declined to release Barzola. The judge determined tha