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Cristian M.J.A.: Driver held by ICE for 7 weeks without a warrant

A commercial driver living freely for three years after entering the U.S. was re-detained without notice or a current warrant; a federal judge ordered his immediate release, citing due process violations.

Sep 2, 2026California City, CA

A commercial driver entered the United States without inspection on March 30, 2023, and was released that same day on his own recognizance. He lived freely for over three years until September 2, 2026, when he was stopped and re-detained by ICE during a commercial vehicle inspection, suggesting he worked as a commercial driver. Immigration officials relied on an administrative warrant that had actually been issued back in 2023, not a current one, and he received no notice or hearing before being taken into custody. More than six weeks later, on October 14, 2026, he finally got a custody hearing, where an immigration judge ruled he was a danger to the community based on a past auto accident and driving without a valid license. He did not appeal that ruling, but challenged his detention in federal court instead, arguing he never got proper pre-deprivation process. The federal judge agreed, finding his re-detention without notice or a contemporaneous warrant violated due process, and ordered him immediately released under the same conditions he had before being detained, while barring future re-detention without a proper hearing first.

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