Detained immigrant wins habeas order barring ICE re-detention without hearing
Aug 14, 2026·Location: Adelanto, CA
A man detained by immigration authorities and held at the Adelanto ICE Processing Center filed a pro se petition for writ of habeas corpus along with a motion for emergency injunctive relief. The court converted his motion into one for a preliminary injunction and, on August 24, 2026, ordered his immediate release under his prior bond conditions, directed return of his confiscated property, and required a compliance status report. The court also barred authorities from re-detaining him under 8 U.S.C. § 1226 without first providing a hearing before a neutral decisionmaker at which the government would bear the burden of proving by clear and convincing evidence that he posed a flight risk or danger requiring physical custody, and barred relocating him outside the Central District of California pending resolution of the case. The parties subsequently filed a joint proposal to grant the petition and enter judgment consistent with the preliminary injunction ruling, without further proceedings. The court granted the petition, entering judgment enjoining re-detention absent the required hearing and burden of proof.
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