Indian truck driver detained by ICE after traffic stop, federal court orders immediate release
Mar 25, 2026·Location: Interstate 54, CA
Country of origin: India
An Indian national and commercial truck driver entered the United States on May 27, 2022, and was apprehended by Customs and Border Protection. On September 7, 2022, he was served with a Notice to Appear charging removability under INA § 212(a)(6)(A)(i), and DHS released him on an Order of Release on Recognizance with conditions including electronic monitoring and regular ICE reporting. He has no criminal history, is not subject to a final removal order, and fully complied with all release conditions. On March 25, 2026, while working as a commercial truck driver on Interstate 54, he was stopped by highway patrol officers without any traffic violation, citation, or identified lawful basis for detention. Highway patrol officers nevertheless contacted ICE and transferred him to ICE custody, and he was subsequently transferred to the Golden State Annex Detention Facility in McFarland, California. The government argued his detention was mandatory under expedited removal procedures, but the federal district court found that his re-detention without a pre-deprivation hearing violated the Fifth Amendment Due Process Clause. The court granted his habeas corpus petition and ordered his immediate release, while enjoining respondents from re-detaining him without seven days' notice and a bond hearing before a neutral arbiter.
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