First Habeas Petition Directly Challenges Indefinite Detention in Notorious Foreign Prison

Attorneys for Edicson David Quintero Chacón, a 28-year-old Venezuelan immigrant and father of two, has filed the first known habeas corpus petition challenging the United States government’s role in his detention at the notorious CECOT prison in El Salvador. The petition, filed Wednesday, seeks his immediate release and argues that his confinement violates both U.S. law and the Constitution.

From Hopeful Asylum Seeker to Foreign Detention

Quintero arrived in the U.S. in April 2024, surrendered to immigration authorities at the U.S.-Mexico border, and was released under Immigration and Customs Enforcement (ICE) supervision. Initially fitted with an ankle monitor, he complied with immigration procedures until June 2024, when he was re-detained on allegations of gang affiliations — accusations his legal team calls baseless. Despite having a removal order to Venezuela and stating his willingness to return there, Quintero was instead sent to CECOT in March 2025 — part of a mass deportation of immigrants under the Alien Enemies Act (AEA), a rarely used wartime statute. His removal defied a prior court order, and he now sits in one of the most secretive and controversial prisons in Central America.

Conditions at CECOT and Constitutional Concerns

CECOT, formally known as the Centro de Confinamiento de Terrorismo, has been widely criticized by international rights groups for its harsh and secretive conditions. According to the habeas filing, Quintero is being held “incommunicado,” with no access to legal counsel or communication with the outside world. Human Rights Watch reports that no known detainees have been released from CECOT, prompting concerns of indefinite detention. The petition argues that Quintero’s confinement violates the Fifth Amendment’s Due Process Clause, which prohibits arbitrary and indefinite civil detention. “He has not been charged with a crime, tried, or convicted,” the filing states. “He is detained solely based on the United States’ agreement with the Salvadoran government, which the U.S. is funding.”

Habeas Corpus: A Tool Against Unlawful Detention

The habeas corpus petition — a fundamental legal remedy in U.S. law — argues that Quintero’s detention is not only unconstitutional but also illegal under the Immigration and Nationality Act (INA). The law generally requires release if a deported individual has not been removed within 90 days of a final order. In Quintero’s case, that time has long passed, and the petition contends that no statute allows for his ongoing detention in a foreign prison. The filing follows the legal blueprint set by the U.S. Supreme Court in a similar case involving Kilmar Abrego Garcia, another immigrant wrongly deported to El Salvador. The petition insists that even if Quintero is considered “removed,” his continued imprisonment is unlawful since it no longer serves any legal purpose under immigration law.

Legal Black Hole: No Statutory or Constitutional Authority

Ultimately, Quintero’s attorneys argue that CECOT is a “legal black hole,” where U.S. detainees are held without any recognized legal authority. They claim that by paying El Salvador to detain individuals like Quintero, the U.S. government is using foreign detention to circumvent constitutional protections — a move that not only violates due process but also risks setting a dangerous precedent. His lawyers demand immediate release, stating, “The U.S. government cannot contract its way around the Constitution.”