Indian asylum seeker detained during unrelated FBI raid wins release after due process challenge
A citizen of India who entered the U.S. in December 2022 and was released on parole under Alternatives to Detention has lived in the country for nearly four years, maintaining stable employment and strong ties to his Sikh community. He filed an asylum application in April 2023, which remains pending, and obtained work authorization valid through October 2028, complying with all ATD monitoring requirements and having no criminal history. On August 5, 2026, he was swept up when Deportation Officers assisting the FBI executed a search warrant at an apartment in Antelope, California—an address that was not his own residence, as his driver's license lists a Sacramento address. Although an I-213 noted he was 'identified as being part of an active shooting investigation,' the record contains no evidence connecting him to the shooting, and officers instead ran a biometrics check, determined he lacked lawful status, and arrested him on an administrative warrant. He was issued a Notice to Appear and detained at the Golden State Annex Detention Facility in McFarland, California, without a prior hearing. He filed a petition for writ of habeas corpus and a motion for a temporary restraining order, arguing his detention without notice or a hearing violated his Fifth Amendment due process rights. The court agreed, granted the habeas petition, ordered his immediate release, and enjoined the government from re-detaining him absent seven days' notice and a bond hearing demonstrating by clear and convincing evidence that he poses a flight risk or danger to the community.


























