Osvaldo M.L.: Cuban asylum seeker held over a year by ICE
A Cuban asylum seeker lived in the community for about four years before being detained during a routine check-in appointment. A judge ordered his release after his bond hearings lacked proper findings.
Aug 12, 2025Adelanto, CA
A Cuban national who entered the U.S. in April 2021 and was released on an Order of Release on Recognizance lived in the community for about four years, believing in good faith that an asylum application was pending on his behalf after being victimized by 'notario fraud.' On August 12, 2025, after receiving a positive credible fear determination, he was detained by ICE during a routine check-in appointment and issued a Notice to Appear; he has no criminal history. He filed for asylum, withholding of removal, and CAT protection, but an immigration judge denied all relief in July 2026 and ordered him removed to Cuba, a decision now on appeal to the BIA. While detained, he received two bond hearings—one in March 2026 that denied bond with only the words 'Flight Risk' and no supporting findings, and a second in April 2026 (ordered after a prior federal habeas petition) where the judge again denied bond without written findings. He filed this second habeas petition arguing his prolonged detention violated due process because immigration judges failed to make individualized, reviewable findings or apply the correct burden of proof. Respondents did not oppose the petition. The federal court granted the petition in part and ordered his immediate release on reasonable conditions of supervision.
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