Noncitizen released after court finds detention violated due process rights
Jan 28, 2026
Wilson Andres Hernandez De Leon, a noncitizen, was detained on January 28, 2026, after previously being released on bond or conditional parole. The petitioner challenged his re-detention through a habeas corpus petition under 28 U.S.C. § 2241, arguing that the government violated his due process rights by failing to provide a pre-deprivation bond hearing before a neutral arbiter before re-detaining him. The Eastern District of California found that the Due Process Clause requires the government to provide such a hearing before re-detaining a noncitizen who was previously released on bond, conditional parole, or humanitarian parole. The court granted the petitioner's motion for temporary restraining order and petition for writ of habeas corpus, ordering his immediate release with the same conditions he was subject to prior to his January 28, 2026 detention. The court also ordered that if the government seeks to re-detain the petitioner in the future, it must provide at least seven days' notice and hold a pre-deprivation bond hearing before a neutral arbiter.
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