A federal judge in Nevada has granted a habeas corpus petition for Yunior Roldán, a Cuban national, ordering his release from the custody of the U.S. Immigration and Customs Enforcement (ICE).
The ruling also imposes restrictions to prevent his deportation to a third country without proper legal procedures being followed.
Issued on Tuesday, October 27, by Judge Gloria M. Navarro of the U.S. District Court for the District of Nevada, the decision pertains to the case Roldan v. Leyva et al., identified as case number 2:26-cv-01982-GMN-DJA.
The order mandates that Roldán be released under reasonable supervisory conditions this Wednesday, October 28, between noon and 3:00 PM.
As of now, there has been no independent confirmation that the release has taken place.
Background on Roldán's Detention
Yunior Roldán arrived in the United States in 2013 as a lawful permanent resident. Following a criminal conviction, he was issued a deportation order to Cuba on May 25, 2018.
The deportation could not be executed, and he was released under an Order of Supervision that same year.
On June 4, 2026, Roldán was detained again after local authorities arrested him pursuant to a judicial warrant.
ICE revoked his supervision conditions, citing a criminal conviction from four years prior, and subsequently informed him he would be deported to Mexico.
Roldán refused to sign the deportation document as he did not agree to be sent to a third country.
According to the case records, he was also not provided with the opportunity to file a claim based on fear of persecution or torture in the destination country.
Since then, he has remained in immigration custody.
Judge's Basis for Release
Judge Navarro based her decision on the U.S. Supreme Court precedent Zadvydas v. Davis (2001), which sets constitutional limits on immigration detention when there is no significant likelihood of deportation in the foreseeable future.
This precedent recognizes a six-month period of detention as presumably reasonable.
Once this period elapses, the detainee must present sufficient reasons to believe that their deportation cannot occur in the foreseeable future, and it is then the Government's responsibility to provide evidence to counteract this conclusion.
In Roldán’s case, the court considered the detention periods from 2018 and 2026 and concluded that the Government had not sufficiently demonstrated that his deportation could be carried out within a reasonably foreseeable timeframe.
Deportation Order Still Stands
The ruling states that ICE cannot detain Roldán again without providing evidence of a change in circumstances that makes his deportation reasonably foreseeable.
It also prevents sending him to a third country without proper notification and the opportunity to petition for his immigration proceedings to be reopened to present potential risks of persecution or torture.
However, the court's decision does not nullify the 2018 deportation order nor does it grant Roldán a new immigration status. His release is subject to supervisory conditions.
The judge also ordered the parties to submit a joint compliance report by Thursday, October 29, indicating the date and time of his release.
Implications for Other Cuban Detainees
Roldán’s case is part of a series of lawsuits filed in 2026 by Cuban nationals detained by ICE.
Earlier in October, another Cuban received a release order in Nevada, while a Florida court later ordered a review of another Cuban citizen's detention.
Despite being related to immigration detention, each case involves different circumstances and judicial decisions.
Challenges in executing deportations directly to Cuba have led U.S. authorities to resort to expulsions to third countries.
On October 21, 69 Cubans were deported to the Central African Republic amid legal controversies regarding the protections that must be offered before transferring migrants to countries other than those originally specified in their deportation orders.
While Roldán's favorable ruling does not automatically apply to other detainees, it represents another judicial statement on the limits of prolonged immigration detention and the conditions that must be met before executing deportation to a third country.
Understanding the Legal Case of Yunior Roldán
Why was Yunior Roldán detained by ICE?
Yunior Roldán was detained by ICE due to a criminal conviction that led to a deportation order to Cuba, which could not be executed. He was later arrested under a judicial warrant, leading to the revocation of his supervision conditions by ICE.
What precedent did Judge Navarro rely on for her decision?
Judge Navarro's decision was based on the U.S. Supreme Court precedent Zadvydas v. Davis (2001), which limits immigration detention when deportation is not likely in the foreseeable future.
Does the court's decision nullify Roldán's deportation order?
No, the court's decision does not nullify the 2018 deportation order. It mandates conditions for his release and limits on future detention or deportation without due process.