Longtime US resident detained by ICE at check-in after minor arrest, wins release order
Aug 8, 2026·Location: McFarland, CA
Country of origin: Russia
The petitioner, who had lived in the United States for years while complying with ICE check-ins and other alternative-to-detention requirements, was taken into ICE custody on August 8, 2026 when he voluntarily appeared for a scheduled ICE check-in. He had maintained a known residence and employment and remained continuously available to immigration authorities for nearly three years prior to his detention. Immigration officials claimed he violated the conditions of his prior release on an order of recognizance after being arrested for public intoxication on July 28, 2026, though no criminal charges were ever filed and he was not notified of any alleged violation until his check-in. He was previously released under 8 U.S.C. § 1226(a) and is currently held at a detention facility while pursuing a federal habeas corpus petition and motion for a temporary restraining order challenging his re-detention without a pre-deprivation bond hearing. The court found the government failed to identify any exigency justifying detention without prior process and ruled his re-detention violated due process. The court granted the habeas petition and TRO, ordering his immediate release under the same conditions as before his detention, with no additional restrictions such as electronic monitoring unless later deemed necessary at a hearing.
Sources
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