Asylum seeker re-detained at ICE check-in after months of release
An asylum seeker who entered the United States in 2023 was initially detained by ICE but released on his own recognizance under 8 U.S.C. § 1226(a). He obtained employment and had no criminal history. In March 2026, ICE re-detained him at an ICE check-in appointment without notice or opportunity to be heard, claiming he was subject to mandatory detention under § 1225(b). The court granted his habeas corpus petition, finding that § 1226(a) applied and that the re-detention violated both the INA and his Fifth Amendment due process rights. The court ordered his immediate release by July 25, 2026.












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