An asylum seeker who entered the United States in 2023 was released by immigration authorities and went on to live in California, where he obtained a valid work permit good through 2029. He has no identified criminal history. On August 5, 2026, he was detained by ICE after being encountered during an unrelated FBI investigation, though he was never charged with any crime. He received a custody hearing before an immigration judge in September 2026, but the judge improperly placed the burden on him to prove he was not a flight risk or danger, and bond was denied. The federal court found this redetention without a prior bond hearing violated due process, since he had previously been lawfully released and the government failed to show any urgent circumstances justifying detention first and a hearing later. The court ordered his immediate release and barred the government from redetaining him unless it proves by clear and convincing evidence, at a hearing before a neutral decisionmaker, that he is a flight risk or danger to the community.