Petitioner, Wilhen Jose Hereira Oliveros, is a Venezuelan citizen who came to the United States with his family to seek asylum in 2023. DHS paroled him into the United States, and he has pursued his immigration case ever since. Importantly, Mr. Hereira Oliveros is also prima facie eligible for, and entitled to the benefits of, Temporary Protected Status (TPS)—a special status under the immigration laws that create a statutory prohibition on his detention or deportation. At every step of his case, Mr. Hereire Oliveros complied with all the rules required of him. He diligently pursued his asylum application and TPS status, attended immigration court, received lawful employment authorization, and built community ties within the United States. 

Nevertheless, DHS arrested and re-detained Mr. Hereira Oliveros as part of the Oregon enforcement operation Operation Black Rose intended to fill arrest quotas. Mr. Hereira Oliveros was arrested and detained even though DHS is statutorily prohibited from detaining (or deporting) him at all due to his prima facie eligibility for TPS. While then-Secretary of Homeland Security Kristi Noem "vacated" TPS protections for Venezuelans, the termination of TPS was illegal, and the District Court of Northern California has declared so in a binding final judgment. 

On March 25, 2026, Mr. Hereira Oliveros filed a petition for writ of habeas corpus in the District of New Mexico District Court to challenge his unlawful detention without consideration of his individualized facts or circumstances, without lawful termination of his parole, and without regard to the prohibition on his detention under the TPS statute.