Immigrant re-detained after prior parole release wins immediate release in due process ruling
Jul 27, 2026
The petitioner, who had previously been released on parole in 2023 and again possibly in March 2026, was re-detained by immigration authorities on July 27, 2026. He is currently held at the Central Valley Annex Detention Facility. Government attorneys gave shifting and inconsistent explanations for the legal basis of his detention, first claiming he was subject to mandatory detention under 8 U.S.C. § 1225(b)(1), then changing position to argue he was held under the discretionary detention statute, 8 U.S.C. § 1226(a). He filed a pro se petition for writ of habeas corpus and a motion for a temporary restraining order, arguing that his re-detention without a pre-deprivation bond hearing violated his due process rights. The court agreed, finding the case indistinguishable from its prior rulings requiring a neutral-arbiter bond hearing before re-detaining someone previously released on parole or bond. The court ordered his immediate release under the same conditions that applied before his July 2026 detention, without additional restrictions like electronic monitoring, and ruled that any future re-detention requires seven days' notice and a pre-deprivation bond hearing.
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