Detainee challenges ICE classification and mandatory detention without individualized assessment
Mouhamed Nasim Asmi Toloza is being detained at the Dodge County Detention Facility in Juneau, Wisconsin by U.S. Immigration and Customs Enforcement (ICE). He filed a habeas corpus petition challenging his detention, arguing he is properly categorized under 8 U.S.C. § 1226(a) rather than § 1225(b)(2), and that his continued detention without an individualized assessment of flight risk or danger to the community violates the Immigration and Nationality Act, the Fifth Amendment's Due Process Clause, and the Fourth Amendment's Search and Seizure Clause. Along with his petition, Toloza filed a motion for a temporary restraining order to prevent his transfer to another detention facility during the litigation. On April 9, 2026, the United States District Court for the Eastern District of Wisconsin denied the motion for temporary restraining order, finding that Toloza failed to make a specific showing of immediate and irreparable harm before the respondent could be heard in opposition, beyond the harm inherent in being detained unlawfully. The denial was issued without prejudice, allowing Toloza to renew the request if warranted.









































