Immigrant detained since May 2026 ordered released after court finds due process violation
May 15, 2026·Location: McFarland, CA
The petitioner has been held in immigration detention since May 15, 2026, at the Golden State Annex Detention Facility. He was subject to discretionary detention under 8 U.S.C. § 1226(a) after having previously been released on bond, conditional parole, or humanitarian parole. He filed a habeas corpus petition and a motion for a temporary restraining order, arguing that the government re-detained him without providing a constitutionally required pre-deprivation bond hearing before a neutral arbiter. The government conceded that the case was not distinguishable from the court's prior rulings finding such re-detention unconstitutional. The court agreed, finding 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 he had before detention, and required the government to give seven days' notice and hold a bond hearing before any future re-detention.
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