Immigrant re-detained by ICE at check-in after agency's mailing error caused wrongful removal order
Aug 4, 2026·Location: Adelanto, CA
An immigration detainee who had previously been ordered released from ICE custody in a prior habeas case was re-detained by ICE on August 4, 2026, when he appeared for a scheduled ICE check-in appointment. He had resided at his known address, remained available to the government, and appeared for his scheduled ICE appointments after his earlier release. The re-detention stemmed from an in-absentia removal order issued after ICE mistakenly provided the Immigration Court with the address of the San Luis Obispo County Sheriff's Department instead of his home address, causing him to never receive notice of a June 29, 2026 hearing. He was detained without advance notice, an individualized determination justifying re-detention, or any opportunity to contest it. After learning of the error, he sought reopening of his case, and on August 22, 2026, the Immigration Court granted his motion to reopen and rescinded the in-absentia removal order due to lack of notice. Despite this, ICE maintained he would remain detained and could only request another bond hearing, prompting him to file a new federal habeas petition seeking immediate release. The court granted the unopposed petition, ordering his immediate release without restrictions such as reporting requirements, GPS, or electronic monitoring, and enjoined ICE from re-detaining him absent strict compliance with due process.
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