Ecuadorian asylum seeker held without bond wins right to hearing after ICE detention
Jul 26, 2026·Location: McKeesport, PA
A citizen of Ecuador who has lived in the United States since 2023 was taken into ICE custody on or about July 26, 2026, after previously entering the country without inspection and filing an asylum application. He had been served a Notice to Appear in October 2024 charging him as removable for being present without admission or parole, but he has no final order of removal. He was recently arrested by the McKeesport Police Department and charged with simple assault after being identified as the aggressor in a fight at a public park; those charges remain pending. He has been detained without bond at FCI Lewisburg and filed a pro se habeas corpus petition challenging his detention under the INA's mandatory detention provision, arguing he should instead be held under the discretionary detention provision that allows for a bond hearing. He also raised due process claims and separate allegations of inadequate medical care for his knee. The court agreed that his detention under the mandatory provision was unlawful, joining the majority of courts nationwide to reject the government's interpretation, and granted the petition in part. The court ordered that he receive an individualized bond hearing before an Immigration Judge within seven days and permanently enjoined the government from detaining him under the mandatory provision absent a compelling change in circumstances, but found he had not shown entitlement to relief on his medical care claims.
Sources
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