Woman detained at adjustment of status appointment wins habeas corpus case
Mar 26, 2026
Lorena Hidalgo Garcia, who entered the United States on August 2, 2021 on a B-2 visitor visa, filed an I-485 application for adjustment of status on February 27, 2026. On March 26, 2026, she attended a biometrics appointment scheduled in connection with her pending adjustment of status application when she was detained by ICE authorities at that appointment. Following her detention, she was provided a bond hearing where an immigration judge concluded she posed a flight risk and danger to the community based on a dismissed misdemeanor charge. Garcia filed a petition for writ of habeas corpus and motion for temporary restraining order challenging her detention. On May 5, 2026, the U.S. District Court for the Eastern District of California granted her habeas corpus petition, finding that ICE improperly used the adjustment of status process as a vehicle for "gotcha law enforcement" in violation of the Immigration and Nationality Act. The court ordered her immediate release on the conditions she was subject to prior to her detention and enjoined respondents from re-detaining her through the adjustment of status process.
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