Man re-detained by ICE after concealed firearm arrest challenges lack of bond hearing
Mar 8, 2026
The petitioner was arrested on March 5, 2026, and charged with carrying a concealed firearm, a felony under Florida law. Three days later, on March 8, 2026, immigration authorities apprehended him following that arrest. On April 16, 2026, the criminal charge was dismissed via nolle prosequi. He is currently held at the Central Valley Annex detention facility. He filed a habeas corpus petition and motion for a temporary restraining order, arguing that his re-detention without a pre-deprivation bond hearing violated his due process rights. The court found that, unlike in a prior case where it ordered immediate release, the circumstances here—an immediate detention following a pending felony arrest—suggested a non-pretextual change in circumstances justifying revocation of his prior release. The court therefore granted the petition and TRO but ordered a post-deprivation bond hearing rather than immediate release, requiring the government to prove by clear and convincing evidence that he is a flight risk or danger to the community. The court ordered Respondents to provide the bond hearing within 14 days or release him immediately, with seven days' advance notice and a status report due within 17 days.
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