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Nayelli L.M.: Mother of US citizen son held by ICE after traffic stop

A mother of a U.S. citizen son who has lived in the U.S. for more than five years was detained by ICE during a traffic stop. A federal judge ordered her immediate release, citing due process violations.

Sep 11, 2026

She is a mother of a U.S. citizen son who has lived in the United States for more than five years. She had entered the country without inspection. On September 11, 2026, she was detained by immigration authorities during a traffic stop and served with a Notice to Appear. Her removal case was initially dismissed because DHS failed to submit evidence of her removability by the deadline set by the immigration court, but DHS refiled the case, which remains pending while she stays in ICE custody. A federal judge found that her continued mandatory detention, given her ties to the United States, violated her due process rights under the Fifth Amendment. The court ordered her immediate release under reasonable conditions, required return of her belongings, and set safeguards requiring an individualized assessment if she is ever redetained.

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