Immigration detainee held since August ordered released after ICE fails to oppose habeas petition
The petitioner, an immigration detainee held in ICE custody at the Adelanto ICE Processing Center, was arrested on August 24, 2026. He filed a petition for writ of habeas corpus along with a motion for a temporary restraining order seeking immediate release, arguing his detention violated his Fifth Amendment due process rights and the Administrative Procedure Act. Respondents failed to file an opposition by the court-ordered deadline, and when they eventually responded, they stated they were not presenting an opposition argument and consented to relief being granted. The court granted the habeas petition, finding the detention unlawful, and ordered Respondents to immediately release him in the same position he was in before his arrest, including return of his documents and possessions. The court also enjoined Respondents from re-detaining him unless a hearing before a neutral arbitrator determines re-incarceration would be lawful, and barred placing him on GPS or electronic monitoring upon release. Judgment was entered in his favor and the case was closed.























