Noncitizen detained by ICE after one year in U.S. wins habeas corpus case
Jun 2026
A noncitizen who entered the United States in December 2024 and resided here for over one year is at the center of this case. He was served with a Notice to Appear and paroled from custody into the United States. In June 2026, he was apprehended by immigration authorities and taken into ICE custody. An Immigration Judge ordered his removal, and he had until August 20, 2026 to appeal to the Board of Immigration Appeals. He filed a pro se habeas corpus petition challenging his mandatory detention as violating his Fourth and Fifth Amendment rights. The court found that because he was previously paroled from custody and had established ties to the United States through his residency, the Due Process Clause of the Fifth Amendment guaranteed him an individualized assessment of his flight risk and dangerousness before detention. The court granted his habeas corpus petition and ordered his immediate release from custody under reasonable conditions, with a requirement that respondents submit a status report by August 11, 2026, and return all identification documents and personal belongings.
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