HUMSI — Human Security Initiative

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Man detained by ICE after prior release granted habeas corpus relief

Apr 18, 2026

Eduar Arturo Torres Lizcaino 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. Torres Lizcaino 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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