OPINION & ORDER Before the Court is a habeas corpus petition (the “Petition”), pursuant to 28 U.S.C. §2241, brought by and on behalf of EHE, a minor who is in the custody of the Office of Refugee Resettlement (“ORR”). For just short of one year, EHE has been separated from his mother and in the custody of ORR, which is a division within the Department of Health and Human Services (“HHS”). EHE and his mother, Gloria Escobar Maldonado (together, the “Petitioners”), seek EHE’s immediate release from The Children’s Village, an ORR facility located in Dobbs Ferry, New York. The Petition names Scott Lloyd (Director of ORR), Jonathan White (Deputy Director of ORR), Steven Wagner (Acting Assistant Secretary for the Administration for Children and Families), Alex Azar (HHS Secretary), Elcy Valdez (ORR Federal Field Specialist), and Jefferson B. Sessions, III (U.S. Attorney General) as respondents (collectively, “Respondents”). For the reasons stated below, the Court will grant the relief sought and order EHE’s immediate release into the care and custody of his mother. I. BackgroundThe Court makes the following findings of fact, which are undisputed unless otherwise noted. See 28 U.S.C. §2243 (“The court shall summarily hear and determine the facts, and dispose of the matter as law and justice require.”). The Court’s findings are based on the Petition and Petitioners’ reply brief, Respondents’ opposition brief, sworn affidavits and documentary evidence in support of the parties’ respective positions, and oral argument. See Birch v. Decker, 17-cv-6769 (KBF), 2018 WL 794618, at *2 n.1 (S.D.N.Y. Feb. 7, 2018) (on petition for habeas corpus pursuant to §2241, considering petition and associated exhibits, respondents’ brief in opposition, and certain documents attached to respondents’ return). At oral argument, Petitioners’ counsel agreed that the Court could consider all of the exhibits that have been submitted. (Tr. of Hr’g at 11, ECF No. 24 (filed May 2, 2018).)A. EHE’s Arrest and Placement into ORR Custody1EHE is 16 years old. (Pet.2, ECF No. 11 (filed Apr. 11, 2018).) Prior to being detained by ORR, EHE lived with his mother — Ms. Maldonado — and sisters in Brentwood, New York. (Id.
22-23.) EHE began residing with Ms. Maldonado some time in 2015. (Maldonado Decl.3, Pet. Ex. 1, ECF No. 11-1 (filed Apr. 11, 2018); Tr. of Hr’g at 2.) EHE is a native and citizen of Honduras. (Resp’ts’ Mem. in Opp’n at 7, ECF No. 16 (filed Apr. 12, 2018).)On May 30, 2017, EHE and his friends were riding their bicycles in Brentwood when they were stopped by officers from the Suffolk County Police Department (“SCPD”). (Pet.
