The petitioner is a Mexican citizen and asylum seeker who was previously placed in removal proceedings and released on his own recognizance. He complied with all immigration court hearings and check-ins, but was re-detained by ICE during a check-in on the day the petition was filed. His asylum application had been pretermitted and he was ordered removed on March 11, 2026, but he timely appealed to the Board of Immigration Appeals on April 9, 2026, meaning there is no final order of removal. He is currently held in civil immigration detention in San Francisco, California. He filed a petition for a writ of habeas corpus and a temporary restraining order seeking release pending further proceedings, arguing his re-detention without a pre-deprivation hearing violates due process. The court granted the TRO, ordering his release by 10:00 a.m. on August 20, 2026, and enjoining respondents from detaining him again without a hearing before a neutral decisionmaker.