Indian asylum seeker detained after ATD violations wins court-ordered bond hearing
A citizen of India entered the United States without inspection near Yuma, Arizona in December 2022 and was briefly detained before being released on parole and enrolled in an Alternatives to Detention program. He was issued a Notice to Appear in February 2023 charging him as removable, and he timely filed an asylum application while obtaining employment, developing community ties, and maintaining a clean criminal record. On August 5, 2026, he was taken into ICE custody after reporting to ICE offices, following multiple alleged violations of his Alternatives to Detention conditions dating back to 2023. He is currently detained at the Golden State Annex Detention Facility in McFarland, California. He filed a petition for writ of habeas corpus and a motion for a temporary restraining order, arguing his detention without a prior hearing violated his due process rights and seeking immediate release or a bond hearing. The government argued he was subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A). The court found that § 1226(a) governs his detention instead, granted the habeas petition in part, denied the TRO as moot, and ordered an individualized bond hearing within 14 days where the government must prove by clear and convincing evidence that he is a flight risk or danger to the community.