Venezuelan asylum seeker and mother re-detained at routine ICE check-in wins preliminary injunction
A Venezuelan asylum seeker fled to the United States after her father was murdered by Tren de Aragua and her family received death threats. She was placed in removal proceedings in August 2022 and released on her own recognizance, later filing an asylum application in 2023. She has lived in the U.S. with her husband of twelve years and their daughter, maintaining steady employment as a food delivery driver and work authorization. In July 2026 she was arrested by SFPD on a misdemeanor domestic battery charge stemming from a dispute with her husband, and was released pending resolution of that case with no other criminal history. On August 11, 2026, while reporting to a routine ICE check-in at the San Francisco field office, she was detained under an administrative arrest warrant without any individualized determination of changed circumstances. She filed a habeas petition arguing the re-detention violated a class-wide injunction in Garro Pinchi v. Noem and her due process rights, and a judge issued a TRO ordering her immediate release. The court has now granted a preliminary injunction, finding she is likely to succeed on her claims and barring her re-detention without a pre-detention hearing before a neutral decisionmaker.

































