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Ruben S.: Haitian man re-arrested without warrant despite pending family case

A Haitian man with no criminal record and a pending family petition was re-arrested with no warning and held for weeks. A judge ruled it violated his rights and ordered his release.

Aug 21, 2026Calexico, CACountry of origin: Haiti

A Haitian man who came to the United States in October 2023 was released by immigration authorities on humanitarian parole. He has a Form I-130 Petition for Alien Relative pending and has no criminal history. On August 21, 2026, he was arrested and re-detained in Florida without a warrant, without prior notice, and without any opportunity to be heard. He was then transferred across the country to the Imperial Regional Detention Facility in Calexico, California, where he remained held for weeks while his case proceeded. He filed a federal habeas corpus petition challenging his detention as a violation of his due process rights. The court agreed, finding the government revoked his liberty without notice, reasoning, or a hearing, and that nothing showed he had become a danger or flight risk since his original release. The judge ordered his immediate release subject only to his prior parole conditions, and ruled that before he can be re-detained he must receive notice and a hearing where the government bears the burden of proving by clear and convincing evidence that detention is warranted.

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