Guatemalan asylum seeker re-detained by ICE after DUI arrest wins federal court release order
Aug 14, 2026·Location: San Francisco, CA
Country of origin: Guatemala
The petitioner is an asylum seeker from Guatemala who entered the United States around July 27, 2023. He was previously apprehended and released on $2,000 bond under an Order of Release on Recognizance in August 2023, complying with required ICE check-ins. He has a pending asylum application, with his merits hearing scheduled for April 2029. In June 2026, he was arrested in Concord, California, and charged with DUI and driving without a valid license, his first and only criminal arrest, with the case still pending and unresolved. When he appeared for a scheduled ICE interview at the San Francisco Field Office on August 14, 2026, he was detained without notice, with ICE alleging he had violated his release conditions. He filed a habeas petition and TRO motion, arguing his detention violated substantive and procedural due process since he had not been convicted of any crime and posed no flight risk or danger. The court agreed, finding the government's justification insufficient, and ordered his release under a TRO that was converted into a preliminary injunction barring his re-detention or removal without notice and a pre-deprivation hearing before a neutral decisionmaker.
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