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Noncitizen detained by ICE after criminal arrest wins court-ordered bond hearing

Apr 20, 2026·Location: California City, CA

The petitioner was detained by immigration authorities immediately following his April 20, 2026 arrest for indecent assault and battery on a person 14 or over; the criminal case remains pending. He is currently held in immigration custody, reportedly at the California City Detention Facility. He filed a petition for writ of habeas corpus and a motion for a temporary restraining order, arguing he is subject to discretionary detention under 8 U.S.C. § 1226(a) rather than mandatory detention, and is entitled to a bond hearing. The government opposed immediate release, arguing his pending criminal charge presents a non-pretextual basis for detention and a danger to the public, but did not oppose the court ruling on the papers. The court agreed that his pending criminal case distinguished his case from others where petitioners were immediately released, and instead ordered a post-deprivation remedy. The court granted the habeas petition and TRO, ordering that he receive a bond hearing before an immigration judge within 14 days, or be released from custody if no hearing is held in that time.

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