HUMSI — Human Security Initiative

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Paka S.A.: Asylum seeker protected from return to Congo held over 21 months

A Congolese woman seeking asylum has been held over 21 months without a bond hearing, after an immigration judge granted her protection from deportation but denied asylum. A court ordered her a bond hearing within 10 days.

Dec 24, 2024

The petitioner, a citizen of Congo, entered the United States on December 24, 2024, seeking asylum due to persecution in her home country. She was detained shortly after entry and has remained in ICE custody ever since, for over 21 months. She was initially placed in expedited removal proceedings and referred for a credible fear interview, then served with a Notice to Appear and placed in removal proceedings in February 2025. In November 2025, an immigration judge denied her asylum application but granted withholding of removal and deferral of removal under the Convention Against Torture; her appeal of the asylum denial remains pending before the Board of Immigration Appeals. She filed a habeas corpus petition arguing her prolonged detention without an individualized custody determination violates the INA and the Fifth Amendment's Due Process Clause. The court agreed, applying the Mathews v. Eldridge balancing test and finding all three factors favored her release. The court ordered that she receive an individualized bond hearing within 10 days, at which the government must prove by clear and convincing evidence that she poses a flight risk or danger to the community, or else she must be released.

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