Detainee re-detained without bond hearing wins immediate release under due process ruling
Aug 5, 2026·Location: McFarland, CA
The petitioner was re-detained by immigration authorities on August 5, 2026, after previously having been released on bond, conditional parole, or humanitarian parole. He was held at the Golden State Annex Detention Facility without being afforded a pre-deprivation bond hearing before a neutral arbiter. He filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 along with a motion for a temporary restraining order, arguing that his continued detention without such a hearing violated his due process rights. The government conceded there were no meaningful factual or legal distinctions between his case and several prior cases in which the court had granted similar relief, and did not oppose the court ruling on the petition without a hearing. The court found that his detention was governed by 8 U.S.C. § 1226(a) and that the Due Process Clause required a pre-deprivation bond hearing before re-detention. The court granted the habeas petition and TRO, ordering his immediate release under the same conditions that applied before his August 5 detention, and required at least seven days' notice and a bond hearing before any future re-detention.
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