Guatemalan man held by ICE wins habeas corpus case, ordered released
Mar 31, 2026·Location: Bakersfield, CA
Country of origin: Guatemala
A Guatemalan national entered the United States on December 5, 2022. He was issued a Notice to Appear for removal proceedings and released on his own recognizance on March 2, 2023. On March 31, 2026, he was re-detained by ICE when he reported for an appointment at Mesa Verda Detention Center. He filed a petition for writ of habeas corpus challenging his detention, arguing that his prior release created a liberty interest in continued release and that his re-detention violated due process. On April 22, 2026, the U.S. District Court for the Eastern District of California granted his habeas petition and ordered his immediate release on the same conditions as his prior release. The court also enjoined ICE from re-detaining him absent exigent circumstances without providing notice and a pre-detention hearing before an immigration judge, with the government bearing the burden of proving he is a danger or flight risk by clear and convincing evidence.
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