Immigrant re-detained by ICE after prior release wins court-ordered release
Aug 19, 2026·Location: McFarland, CA
The petitioner, who was previously detained by immigration authorities and then released on his own recognizance, was later re-detained by ICE. Respondents argued he was held under 8 U.S.C. § 1225(b)(2), but acknowledged that recent Ninth Circuit precedent establishes that § 1226(a) actually governs his detention, meaning he is entitled to seek a custody redetermination. He filed a petition for writ of habeas corpus and a motion for a temporary restraining order challenging his detention. The court found that his prior release created a liberty interest in continued release, and that his re-detention without a pre-deprivation hearing violated due process. The court granted the habeas petition, ordering his immediate release on the same conditions as before his re-detention, and enjoined respondents from re-detaining him without first providing notice and a bond hearing before an immigration judge. The motion for a temporary restraining order was denied as moot given the grant of habeas relief.
Sources
More incidents in California
- Man detained by ICE outside Madera Home DepotOct 11, 2026 · Madera, CA
- Woman fights to bring husband home after ICE detains him at visa fingerprinting appointmentOct 11, 2026 · Pomona, CA
- ICE surge nets nearly 100 arrests across California's Central Coast in daysOct 9, 2026 · Santa Maria, CA
- Mass ICE operation detains around 100 people across Fresno-area farm communitiesOct 9, 2026 · Fresno, CA
- Colombian asylum seeker ordered released after ICE detained him at homeOct 9, 2026 · Los Angeles, CA
- Deaf teen with disabilities handcuffed at gunpoint outside LA school, family seeks $1 millionOct 8, 2026 · Los Angeles, CA