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Immigration detainee granted release after challenge to re-detention without hearing

Jan 22, 2026

Osvaldo Damian Diaz Hernandez, a noncitizen who had been previously released on bond or conditional parole, was re-detained by immigration authorities on January 22, 2026 without being provided a pre-deprivation bond hearing. He filed a habeas corpus petition challenging his ongoing immigration detention. The federal court ruled that the Due Process Clause requires the government to provide a pre-deprivation bond hearing before a neutral arbiter before re-detaining someone who was previously released, and ordered his immediate release with the same conditions he had prior to detention.

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