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Nicaraguan man re-detained by ICE at check-in after two years living and working in US

Aug 11, 2025

Country of origin: Nicaragua

A Nicaraguan citizen was detained at the U.S.-Mexico border in 2022 and subsequently released on parole. After living and working in the United States for more than two years, he was re-detained by Immigration and Customs Enforcement at a scheduled check-in. He filed a petition for writ of habeas corpus and a request for a temporary restraining order, arguing his detention violated procedural due process under the Fifth Amendment. He argued that because he had been paroled into the country, mandatory detention under the expedited removal statute no longer applied to him. A federal judge previously found he raised a serious question on the merits and ordered him released, enjoining the government from re-detaining him. The court has now granted the habeas petition on the merits, ordering that he not be re-detained without notice and a hearing before a neutral decisionmaker, or absent a material change in circumstances. His request for attorney's fees was denied without prejudice, with leave to refile within 30 days of judgment.

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