Ashish Kumar is an asylum seeker from India who entered the United States on September 16, 2023, and was initially released on an Order of Release on Recognizance with conditions including ATD monitoring and regular ICE reporting. On April 15, 2026, he was arrested by ICE and detained at Golden State Annex Detention Facility in McFarland, California. The government argued his detention was mandatory under expedited removal procedures under 8 U.S.C. § 1225(b)(2), but provided no justification or due process hearing. The U.S. District Court for the Eastern District of California granted Kumar's habeas corpus petition, finding that his re-detention without a pre-deprivation hearing violated the Due Process Clause of the Fifth Amendment. The court ordered Kumar's immediate release and enjoined respondents from re-detaining him unless they provide seven days' notice and hold a bond hearing before a neutral arbiter where the government must demonstrate by clear and convincing evidence that he is a flight risk or danger to the community.