Construction business owner and father of four re-detained at ICE biometrics appointment
The petitioner has lived in the United States continuously since 2000 and is married to a U.S. citizen wife, with four U.S. citizen children ages 14 to 24, three of whom are minors who rely on him for financial and emotional support. He owns and operates JMQ Construction Inc., a family business that supports his household. He was paroled from custody in February 2022 under ICE's Alternatives to Detention program and was later placed in withholding-only proceedings after a positive reasonable fear determination, with an appeal pending before the Board of Immigration Appeals since June 2025; he also has a pending U-visa application based on being the victim of a 2016 machete assault. On July 6, 2026, he was detained by immigration agents while appearing for a scheduled biometrics appointment at a USCIS Application Support Center in connection with renewing his work authorization, and was held at the Adelanto ICE Processing Center. He filed a counseled habeas petition under 28 U.S.C. § 2241 seeking a bond hearing or release, arguing his re-detention without notice or a hearing violated procedural and substantive due process and the APA. The court found his re-detention without a pre-deprivation hearing violated procedural due process and ordered him released within 24 hours on the same conditions that existed before detention, with his belongings and documents returned and a status report filed confirming compliance.

























