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Neko S.Q.: Man held by ICE though misdemeanor charge didn't qualify for detention

A man who has lived in the U.S. since 2019 was held in ICE custody over a misdemeanor arrest officials later said didn't justify detention. A judge ordered his immediate release, citing due process violations.

Oct 5, 2026Central Valley, CA

The man was admitted to the United States in March 2019 on a visa valid through April 2020 and remained after it expired. He was taken into ICE custody in August 2026 and held at the Central Valley Annex ICE Detention Facility. Immigration officials initially justified his detention under the Laken Riley Act, but later conceded in court filings that his arrest for misdemeanor domestic battery did not actually qualify under that law. He filed a habeas corpus petition arguing that, because he had not been detained within a reasonable time after his visa expired, he had developed a protected liberty interest requiring notice and a hearing before he could be detained. The federal court agreed, finding the government violated his due process rights by detaining him without a pre-deprivation bond hearing before a neutral arbiter. The judge ordered his immediate release back to the conditions he had before detention, directed the government to return his documents and identification, and required at least seven days' notice and a bond hearing before he could be re-detained.

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