Peruvian asylum seeker released after court finds detention violated due process rights
May 4, 2026·Location: Adelanto, CA
Country of origin: Peru
A Peruvian asylum seeker was paroled into the United States on March 12, 2022 to pursue asylum. He has complied with all immigration procedures and court orders, has no criminal history, and has established ties to the community. After an immigration judge issued a removal order, he timely appealed to the Board of Immigration Appeals and requested a custody redetermination. On April 23, 2026, the immigration court denied his bond request, finding the immigration judge lacked jurisdiction. He was detained at Adelanto ICE Processing Center in California. On May 13, 2026, the federal district court granted his habeas corpus petition, finding that his continued detention violated his Fifth Amendment due process rights because he had a liberty interest in his prior conditional release status and was denied procedural safeguards before re-detention. The court ordered his immediate release subject to former conditions, prohibited future re-detention without notice and a pre-deprivation hearing, and ordered return of confiscated property.
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