Guatemalan immigrant challenges civil detention while seeking asylum protection
Mar 4, 2026·Location: Manhattan, NY
Country of origin: Guatemala
A Guatemalan national who entered the U.S. on a Visa Waiver Program is detained by ICE and challenging his mandatory civil detention through a federal habeas corpus petition. He has a child in the United States, lives with the mother of his child, has resided at the same address for several years, and has construction employment. He was arrested following what his counsel characterizes as a selective, racially targeted ICE field operation. His only cited criminal history involves two alcohol-related driving matters: a November 2023 plea to driving while ability impaired (classified as a traffic infraction under New York law) resulting in a conditional discharge, $300 fine, and 90-day license suspension, and an earlier dismissed and sealed matter. The Immigration Judge found him a danger and flight risk and set no bond. He seeks immediate release pending adjudication of his habeas petition and asylum claim, proposing strict conditions including a $10,000 cash posting, driver's license surrender, absolute driving prohibition, home detention or curfew, and alcohol treatment and testing.
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