Honduran father of US citizen children detained by ICE, wins release after Judge denied bond hearing
Mar 30, 2026 · Fort Pierce, FL, Honduras
Elmer Pompilio Gonzales Sifontes, a citizen of Honduras, has lived in the United States for over twenty years. He is married and the father of United States citizen children, has maintained steady employment, filed federal income tax returns for many years, owns a home, and has no criminal history. He filed an application for asylum on July 14, 2023, which remains pending. On March 30, 2026, ICE arrested him at his residence in Fort Pierce, Florida, served him a Notice to Appear, and initiated removal proceedings; he has been detained ever since at the Aurora ICE Processing Center. He requested a custody redetermination hearing, which Immigration Judge Masters denied without addressing danger or flight risk. He filed a habeas corpus petition and a motion for a temporary restraining order and preliminary injunction seeking immediate release or a new bond hearing before a different judge. The court found he was improperly detained under 8 U.S.C. § 1225(b)(2) because that provision applies only to noncitizens seeking admission at the border, not those residing in the interior. The court granted the habeas petition and ordered his immediate release on his own recognizance without onerous conditions, enjoined his re-detention absent a compliant bond hearing, and denied the TRO motion as moot.
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