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Bob S.C.: Asylum seeker with years of work authorization detained by ICE

An asylum seeker who has held two work permits and remained free for years after his visa expired was taken into ICE custody. A federal judge ordered his immediate release, finding he had a liberty interest in his continued freedom.

Sep 28, 2026California City, CA

A man who entered the United States in December 2018 on a nonimmigrant visa that allowed him to stay until June 2019 did not leave and instead applied for asylum and withholding of removal in March 2020. He was granted work authorization by immigration officials twice, in April 2022 and again in December 2024, and remained free in the community for years. He was later taken into ICE custody and detained under immigration law pending his case. He filed a habeas petition and a motion for emergency release, arguing his prolonged time living freely with lawful work permission gave him a protected liberty interest. The court agreed, finding that because he entered on a valid visa and had been authorized to work, he had developed a liberty interest in his continued release. The judge ordered his immediate release and barred future re-detention unless he is given notice and a hearing where the government must prove by clear and convincing evidence that he is a danger or flight risk.

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