Man re-detained by ICE after grand theft arrest wins habeas release under Laken Riley Act challenge
The petitioner entered the United States on or about February 3, 2024, was briefly detained by immigration authorities, and was then released on his own recognizance and enrolled in ICE's Alternatives to Detention program. On or about April 4, 2025, he was arrested for grand theft under California Penal Code § 487, but there is no evidence he was ever formally charged. He failed to report for a mandatory ICE check-in on August 26, 2025, but voluntarily presented himself at an ICE office on February 26, 2026, and was again placed in the Alternatives to Detention program on his own recognizance. On March 16, 2026, he was re-detained by ICE during a subsequent mandatory check-in, purportedly for violating release conditions, and has been held at the California City Immigration Processing Center since then. He filed a federal habeas petition and a motion for a temporary restraining order challenging his re-detention as a due process violation, arguing the government identified no new criminal conduct or violation justifying re-detention. The court found the Laken Riley Act's mandatory detention provision inapplicable because he was never formally charged after his arrest, ruled his re-detention violated due process, and ordered his immediate release under his prior conditions while barring re-detention without a pre-detention hearing absent exigent circumstances.






%2Fhttps%3A%2F%2Fi.s3.glbimg.com%2Fv1%2FAUTH_37554604729d4b2f9f3eb9ad8a691345%2Finternal_photos%2Fbs%2F2026%2Fb%2Fg%2FvZbPS2RkWhoTus1aL2KA%2Fbrasileiros-deportados.jpg&w=3840&q=75)



































