ICE detainee suffers stroke in custody, denied therapy, wins court-ordered release from Adelanto
The petitioner, held in ICE custody at the Adelanto ICE Processing Center, is mandatorily detained under 8 U.S.C. § 1226(c) based on two misdemeanor convictions for criminal threats under California Penal Code § 422, along with a prior DUI conviction and a vandalism conviction. Roughly three months into his detention, he suffered a stroke on August 16, 2026, and was hospitalized for three days before being returned to Adelanto, where he was told he would not receive the physical therapy required by his discharge plan. He has since experienced worsening symptoms including severe headaches, facial drooping, difficulty eating and speaking, numbness, and mobility problems, without being provided a wheelchair or walker despite being classified as a fall risk. He also suffers from HIV, severe dental decay, a history of blood clots, and neurocognitive and mental health conditions, and medical experts submitted declarations warning that continued inadequate care could result in recurrent stroke, infection, or death. His attorney, who also serves as his qualified representative because he was deemed incompetent to represent himself, and his sister both submitted declarations describing his deteriorating condition. He filed a habeas petition and sought a temporary restraining order for release based on a substantive due process claim that his detention amounted to unconstitutional punishment given the inadequate medical care. The court granted the TRO, ordering his release by September 2, 2026, without requiring an ankle monitor, and ordered the government to show cause why the TRO should not be converted into a preliminary injunction.























