Nicaraguan asylum seeker granted protection from re-detention without hearing
Apr 1, 2025 · San Bernardino, CA, Nicaragua
Engels Josue Mendez Cruz is a citizen and national of Nicaragua who has lived in the United States since September 2021. He is married and living with his wife in California. Cruz fled Nicaragua after police beat him for participating in anti-government protests, fracturing his arm. He was detained by DHS upon arrival in the US but released in October 2021 on reporting requirements to ICE, which he never missed. On September 14, 2023, he applied for asylum and received work authorization. In April 2025, Cruz reported for a routine ICE appointment and was detained without notice or hearing despite full compliance with check-in requirements. He was transferred between multiple detention facilities where he suffered inhumane conditions, including excessive heat in transport vehicles, contaminated food and water, and injury from handcuffs. An immigration judge released him on a $5,000 bond in June 2025, and he was placed in ICE's Intensive Supervision Appearance Program. On July 13, 2026, the immigration judge denied his asylum application and ordered removal to Nicaragua. Cruz timely appealed. The federal court granted his preliminary injunction, prohibiting ICE from re-detaining him without a pre-detention hearing where the government must prove by clear and convincing evidence that he is a flight risk or danger.
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