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Nasib A.: Man held two months by ICE without a bond hearing

A man with legal status accused of overstaying it was held two months with no bond hearing, then ordered freed immediately with his belongings and documents returned.

Oct 2, 2026McFarland, CA

The man had lawful nonimmigrant status in the United States that he was accused of overstaying or violating before immigration authorities detained him in August 2026. He was held in ICE custody at a detention facility for roughly two months without ever being given notice or a hearing before a neutral judge to consider releasing him on bond. A federal court found that under its prior rulings in similar cases, people who are not detained promptly after their status lapses develop a liberty interest in remaining free, and that detaining them without a pre-deprivation notice and bond hearing violates due process. The government did not dispute that this case was materially the same as those earlier cases and did not oppose the court ruling directly on the petition. The court ordered the man released immediately under the same conditions he had before his detention, with his documents and belongings returned to him, and barred the government from imposing new restrictions like electronic monitoring unless a future hearing found them necessary. If the government wants to redetain him, it must give him seven days' notice and hold a bond hearing first.

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