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Harpal S.: Asylum seeker held by ICE despite years free on recognizance

An asylum seeker in the U.S. since 2021 was taken back into ICE custody right after finishing a county jail term, despite years of being free on recognizance. A judge ordered his release, finding the re-detention violated due process.

Sep 8, 2026Fresno, CA

An asylum seeker who entered the United States in December 2021 was paroled into the country and enrolled in an ICE supervision program that required him to wear a GPS ankle bracelet. He later reported to an ICE office in Little Rock, Arkansas, was served a notice to appear, and was released under an order of recognizance. He applied for asylum in May 2022 and remained free in the community for years. In August 2026, he was arrested by local law enforcement in Fresno, California, and booked into the county jail. After pleading no contest to a misdemeanor false imprisonment charge and being sentenced to time served as part of probation, he was released from jail but immediately transferred into ICE custody, where he remained detained. A federal judge granted his habeas petition, finding that his earlier release by immigration authorities had created a liberty interest and that re-detaining him without a pre-deprivation hearing violated due process. The court ordered his immediate release under his prior conditions and barred ICE from re-detaining him again without notice and a bond hearing.

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