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Indian asylum seeker re-detained by ICE after release wins habeas release order

Jul 30, 2026·Location: California City, CA

Country of origin: India

The petitioner is a citizen of India who arrived in the United States around May 18, 2023, and was briefly detained by immigration officials before being released on his own recognizance. He has a pending asylum petition. On or about July 30, 2026, he was re-detained by immigration authorities and has remained in ICE custody since, held at the California City Immigration Processing Center. He filed a habeas corpus petition and a motion for a temporary restraining order challenging his detention, which is governed by 8 U.S.C. § 1226(a). The court found that his detention without a pre-deprivation hearing following his prior release violated his due process rights, citing its reasoning in Cajina v. Wofford and Perez v. Albarran. The court granted his habeas petition, ordering his immediate release and enjoining respondents from re-detaining him without written notice and a hearing before an immigration judge, absent exigent circumstances. His motion for a TRO was denied as moot.

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