Immigrant father detained by ICE wins habeas corpus challenge to mandatory detention
Jan 19, 2026
An immigrant who has lived in the United States for over thirty years was arrested and detained by ICE on January 19, 2026, pursuant to immigration proceedings. He is the father of three U.S. citizen children, the youngest of whom is entirely dependent upon him. He has no criminal history and maintains community ties. After requesting a custody redetermination hearing under 8 C.F.R. § 1236, an Immigration Judge denied jurisdiction over his bond request on May 19, 2026. He filed a habeas corpus petition in federal court contending he is entitled to a bond hearing under 8 U.S.C. § 1226(a) and that the statute and regulations require custody determinations and bond hearings, prohibiting indefinite detention without a hearing. The court granted his habeas petition in part, ordering that respondents must either hold a bond hearing before a neutral decisionmaker within seven days or cease detention. The court found the case mirrored numerous analogous cases previously decided by the Eastern District of California.
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