Guatemalan father detained 9 months wins release after immigration judge failed to justify continued detention
Aug 26, 2025·Location: Los Angeles, CA
Country of origin: Guatemala
A Guatemalan father of three, a native and citizen of Guatemala, has resided in Los Angeles with his family for many years and has three biological children who are United States citizens. He was arrested by immigration authorities on August 26, 2025, and has been detained at the Adelanto ICE Processing Center since that time. He is pending removal proceedings and is seeking Cancellation of Removal relief. An immigration judge denied bond at two hearings—one on January 12, 2026 (where he bore the burden of proof) and another on March 2, 2026 (where the government bore the burden)—based solely on his prior DUI conviction and immigration history, without adequately considering his family ties, stable residence, or lack of criminal history involving moral turpitude. The federal magistrate judge found the March 2, 2026 bond denial was an abuse of discretion because the immigration judge failed to conduct an individualized assessment, consider mitigating factors, or address alternatives to detention as required by the Rodriguez class action injunction. The court ordered his immediate release on his prior conditions of supervision and enjoined further detention without a compliant bond hearing.
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