Federal records reviewed by ProPublica reveal unusual steps taken by prison officials after former Honduran President Juan Orlando Hernández was granted a presidential pardon on Dec. 1. Instead of being transferred to immigration custody, Hernández was transported overnight from a high-security federal prison in West Virginia to a luxury hotel in Manhattan.
The move followed the removal of an immigration detainer that would normally place a noncitizen into federal immigration enforcement custody upon release.
Conviction and Sentence Before Pardon
Hernández had been sentenced in June 2024 to 45 years in prison after a federal jury in New York convicted him of cocaine importation and weapons offenses. Prosecutors argued he used his political power to protect traffickers responsible for sending hundreds of tons of cocaine into the United States.
At the time, Attorney General Merrick Garland said Hernández had “abused his power” to facilitate massive drug shipments northbound.
Immigration Detainer Removed Late at Night
According to the records, prison staff were called back late at night to process Hernández’s release paperwork. Immigration officials lifted the detainer shortly after 11 p.m., allowing him to leave custody rather than be transferred to Immigration and Customs Enforcement (ICE).
Immigration policy experts noted that such treatment is rare. Lena Graber of the Immigrant Legal Resource Center said most individuals convicted of drug crimes would not have their detainers removed simply because of a pardon.
Allegations of Preferential Treatment
Accounts from current and former prison staff also claim Hernández was allowed to use a government phone to speak with Bureau of Prisons leadership, including Deputy Director Joshua Smith, who had previously received a presidential pardon himself.
A retired prison official described the situation as the agency “rolling out the red carpet,” adding that some staff members were frustrated by the perceived preferential treatment.
Defense Argument and Political Context
Hernández’s court-appointed attorney, Renato Stabile, defended the decision not to deport him immediately, arguing it would have been “particularly cruel” to pardon him only to send him back to Honduras, where he could face arrest or violence.
The case gained additional attention after reporting from Axios revealed a letter Hernández wrote from prison requesting clemency. In the letter, he claimed his prosecution was politically motivated and addressed Trump as “Your Excellency.”
Trump later defended his decision, saying he reviewed the case and believed Hernández had been treated unfairly.
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