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Mexican national detained by ICE after 28 years in US wins right to bond hearing

Jan 28, 2026 · St. Joseph County, IN, Mexico

Gaston Longines Garcia, a Mexican national who entered the United States without inspection in 1998 and has lived in the country for approximately 28 years, was arrested on January 28, 2026, in St. Joseph County on drunken driving charges. ICE issued a detainer and an administrative warrant commanding his detention pursuant to 8 U.S.C. § 1226. Garcia was taken into ICE custody on February 24, 2026, and removal proceedings were initiated. On March 11, an immigration judge denied his request for release on bond, finding she lacked jurisdiction. Garcia remained detained at the Clay County Jail without a bond hearing. He filed a habeas corpus petition challenging the lawfulness of his continued detention. On April 23, 2026, a federal district court granted his petition, finding that his detention without a bond hearing violates the Immigration and Nationality Act. The court ordered respondents to either afford Garcia a bond hearing before an immigration judge consistent with 8 U.S.C. § 1226(a) and pertinent regulations, or release him from detention within seven days.

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