On Monday, a federal judge ordered Denver bassist Marcos Flores out of immigration detention, ending nearly two months in ICE custody and sending him home the same night. Flores, a longtime DACA holder and member of local band Summer of Peril, had been detained in late December and held at the Aurora detention center. The ruling leaves him free while he continues to fight deportation in immigration court.
Judge Orders Immediate Release
Flores was initially detained on December 23 while in Colorado Springs to perform contract work at the Air Force Academy, according to The Gazette. His legal team responded with a habeas petition arguing that ICE had held him without a bond hearing. In her order, Judge Charlotte N. Sweeney wrote, "It is further ordered that Respondents shall release Petitioner from custody immediately, but no later than within 12 hours of this Order."
The judge also barred officials from re-detaining Flores unless they can show by clear and convincing evidence at a pre-deprivation bond hearing that he poses a flight risk or a danger, his lawyer said. Flores was back home by 7 p.m., and his attorney said the ruling found his detention unlawful, as reported by Westword.
Habeas Petitions Surge
Flores’s case lands in the middle of a nationwide surge of habeas petitions challenging prolonged immigration detention. According to ProPublica's tracker, more than 22,800 habeas petitions have been filed since January 2025, with Colorado accounting for roughly 272 of those cases as of Tuesday. Lawyers say the sheer volume has pushed district courts to grant faster, sometimes immediate, relief when detention procedures are shown to be deficient.
Local Music Community Rallies
While Flores was locked up, Colorado’s music community and friends went to work. Supporters staged benefit shows and launched fundraisers to help cover legal bills. A benefit at Fort Collins's Soundbar brought in about $4,192 for his legal effort, and the band's GoFundMe shows $25,289 raised toward legal fees, according to GoFundMe.
Legal Implications
Immigration lawyers say the decision reflects a growing willingness among federal judges to use habeas petitions to scrutinize ICE detention practices more aggressively. ProPublica's analysis shows the rise in filings is straining court dockets and changing how judges respond to detention challenges, a shift advocates say could reshape parts of the deportation pipeline.
For Flores, Monday’s release is a reprieve, not a final victory. His removal proceedings remain open, and his initial immigration court hearing could still be many months away. Supporters say they plan to keep raising money and watching the case as Flores and his lawyers press for a path to legal status.
