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Stephen O.: Man detained nearly 5 months by ICE without due process

A man was re-detained by immigration authorities for nearly five months with no hearing or notice. A court found his detention violated due process and ordered his release and protection from future re-detention.

May 18, 2026Adelanto, CA

A man was re-detained by immigration authorities on May 18, 2026, after previously having been released from custody. He remained in ICE detention for nearly five months before filing a habeas corpus petition arguing that his arrest and continued detention violated his Fifth Amendment due process rights. The government did not dispute any of the facts underlying his claim, and only argued later that his case had become moot once he was freed under a court order. He was released from custody on October 9, 2026, after a judge issued a temporary order finding his detention unlawful. The court has now formally ruled that his detention did violate due process and issued a permanent injunction barring the government from re-detaining him unless he first receives adequate notice and a hearing. The court noted that without this protection, he would remain vulnerable to being arrested and detained again without due process.

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