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Martin R.S.: Fresno man redetained by ICE after 20 years with no hearing

A man who had lived freely in Fresno, California for over 20 years with no criminal history was abruptly redetained by ICE with no notice or hearing. A federal judge ordered his immediate release, finding the detention violated due process.

Oct 6, 2026Fresno, CA

A man who entered the United States around 1993 had lived in Fresno, California since 2005 and had no criminal history. His earlier removal proceedings were closed by an immigration judge in October 2005, and he had remained free in the community for over two decades. On October 6, 2026, ICE detained him, and the next day he signed a form accepting voluntary departure before later withdrawing that decision. He was never given an initial custody determination as required by law, and he remained in detention without any notice or hearing. A federal judge granted his habeas petition, ruling that his redetention without notice or a pre-detention hearing violated due process, and ordered his immediate release. The court also barred immigration authorities from redetaining him in the future without written notice and a hearing before an immigration judge.

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