Mexican man detained by ICE at Oakland airport wins court order for release pending hearing
Aug 28, 2026·Location: Oakland, CA
Country of origin: Mexico
A Mexican man who entered the U.S. on a tourist visa in 2019 and remained after his authorized stay expired has lived in the San Francisco Bay Area since 2020. He has a partner, financially supports two children ages 12 and 14, works at a local restaurant where he was recently promoted to shift supervisor, and has strong community ties. On August 28, 2026, he was detained by ICE agents at Oakland International Airport while preparing to board a domestic flight to Las Vegas with his partner, and was placed into removal proceedings. He has no criminal record in the U.S. or elsewhere. He suffers from severe sleep apnea requiring a CPAP machine, and without treatment risks a heart attack while in detention. He filed a habeas corpus petition raising Fifth Amendment due process claims and sought a temporary restraining order for immediate release and to prevent his re-arrest or transfer outside the district. The court granted the TRO, ordering his immediate release, enjoining his re-detention without a pre-detention hearing before a neutral decisionmaker, and barring his removal from the district pending further proceedings, with a preliminary injunction hearing set for September 15, 2026.
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