Cuban woman detained by ICE after local arrest wins habeas corpus case
Maylen Borrego-Nunez is a Cuban citizen who entered the United States from Mexico on March 24, 2022, and was issued a Notice to Appear for removability under immigration law. She was released on her own recognizance and complied with all conditions of her release. She filed applications for asylum, withholding of removal, and protection under the Convention Against Torture; an immigration judge denied her asylum application, and her appeal remains pending. On April 3, 2026, local police in Odessa, Texas arrested Borrego-Nunez for an alleged local ordinance violation, and ICE took her into custody on April 6, 2026, transferring her to the Otero County Processing Center. The petitioner, who is approximately ten weeks pregnant and has been diagnosed with diabetes during detention, filed a habeas corpus petition challenging her continued detention without a bond hearing. The U.S. District Court for the District of New Mexico granted her petition, finding that 8 U.S.C. § 1226(a) governs her detention and that continued detention without a bond hearing violates her Fifth Amendment due process rights. The court ordered her immediate release and prohibited re-detention without a pre-deprivation bond hearing before a neutral Immigration Judge.

































