A Cuban man, whose testimony a Louisville prosecutor previously called “irreplaceable” in a carjacking case, will remain in Immigration and Customs Enforcement custody for now.
U.S. District Judge Claria Boom denied Yunior Sosa Ordonez’s request for release from the Oldham County Detention Center on April 6. She ruled that his due process rights had not been violated.
Sosa Ordonez, 51, has sought release since late January, when his attorney, Matthew Conway, filed a habeas corpus petition in the Western District of Kentucky, arguing he was being held unlawfully.
In the petition, Conway noted that Sosa Ordonez was the victim of a 2024 carjacking and included a letter from a prosecutor with the Jefferson County Commonwealth Attorney’s Office urging ICE to ensure his availability to testify.
“His testimony is material, necessary and irreplaceable to the Commonwealth’s ability to prosecute this case,” wrote Gillian Urbaniak. “There is no adequate substitute witness for the victim’s testimony.”
Judge Boom, an Ashland native appointed to the federal bench in 2017 by Donald Trump, stated that Sosa Ordonez had received the legal process required.
She cited a decision by immigration Judge Kelly Johnson, who ruled in January that he lacked authority to grant bond and determined Sosa Ordonez posed a danger to the community and a flight risk.
“Petitioner does not appear to understand that the IJ’s bond determination provided precisely the process he is due under the Fifth Amendment,” Boom wrote.
The decision stems from a policy change under the Trump administration stating that individuals who entered the country unlawfully are ineligible for bond, regardless of how long they have lived in the U.S.
That policy, criticized by opponents as unconstitutional and leading to indefinite detention, was upheld in September 2025 by the Board of Immigration Appeals.
The policy shift has triggered a surge in habeas corpus petitions nationwide, including in the Western District of Kentucky. Since January, more than 200 such cases have been filed in the district, compared to just 15 in the previous year, according to federal court data.
Conway argues that Sosa Ordonez does not pose a threat or flight risk, noting that his record includes only traffic violations and that he has a pending asylum application.
The ruling comes a day before Sosa Ordonez is scheduled to return to immigration court for another hearing.
The decision also raises questions about the prosecution of Amontre Easton, who is accused of stealing Sosa Ordonez’s car at gunpoint and firing two shots near his head in May 2024 while he was driving for Lyft.
A spokesperson for the prosecutor’s office declined to comment, saying any statements would be made in court. ICE has not indicated whether it will make Sosa Ordonez available to testify if the case proceeds to trial.
Sosa Ordonez was detained by ICE after a Louisville police stop on October 10, 2025, for allegedly driving without a license plate. Officers discovered a warrant for unpaid court costs related to driving without registration, leading to his arrest.
He has remained at the Oldham County jail since then, along with dozens of other ICE detainees held for the federal government.
Court records indicate Boom’s ruling is unusual. In similar habeas cases in the Western District of Kentucky, most judges have ruled in favor of detainees, finding that the federal government exceeded its authority and violated constitutional rights that apply to both citizens and noncitizens.
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