HUMSI — Human Security Initiative

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Man detained by ICE after prior release granted habeas corpus relief

Apr 18, 2026

A man was released on his own recognizance in February 2024 after entering the United States. On April 18, 2026, ICE re-detained him without providing a pre-deprivation hearing. He filed a petition for writ of habeas corpus and motion for temporary restraining order challenging his detention. The court found that his prior release by immigration authorities created a liberty interest in his continued release and that his re-detention without a pre-deprivation hearing violated due process. The court granted his habeas corpus petition and ordered his immediate release on the same conditions he was subject to prior to his re-detention. The court also enjoined ICE from re-detaining him in the future without notice and a pre-deprivation hearing before an immigration judge, where ICE must prove by clear and convincing evidence that he is a danger to the community or a flight risk.

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