Cuban man detained by ICE after four years in US, released by federal court
May 6, 2026·Location: Chaparral, NM
Country of origin: Cuba
A Cuban man who entered the United States without inspection on March 18, 2022, and has since accrued no criminal history. He was detained by ICE shortly after entry, then released on his own recognizance in March 2022, during which time he established a life in the US with his spouse, who filed an Alien Relative Petition on his behalf in February 2025. On May 6, 2026, he was re-detained by ICE at a scheduled check-in without explanation, notice of changed circumstances, or a hearing. He was transferred to the Otero County Processing Center in Chaparral, New Mexico. On May 14, 2026, he filed a habeas corpus petition arguing his re-detention violated the Due Process Clause and the Immigration and Nationality Act. On May 27, 2026, the federal court granted his petition, finding that he possessed a protected liberty interest in his release, that a pre-deprivation hearing was required before re-detention, and that the Mathews factors weighed in his favor. The court ordered his immediate release within 24 hours and prohibited further re-detention unless ICE demonstrated by clear and convincing evidence that he is a danger to the community or a flight risk.
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