Peruvian father detained at routine ICE check-in despite no flight risk, challenges re-detention
Aug 19, 2026·Location: Oakland, CA
Country of origin: Peru
A 40-year-old citizen of Peru has lived in the U.S. since December 2022, residing in Oakland, California. He is married with three children ages 4, 16, and 17, whom he supports financially by sending money to Peru, and he has work authorization and is employed in construction. He is in removal proceedings and filed an asylum application in November 2023, complying with all required ICE check-ins and immigration court hearings; his only criminal history is a single 2025 wet reckless conviction with a suspended sentence. On August 19, 2026, uniformed DHS agents arrested him immediately upon arrival for his regularly scheduled check-in at the San Francisco ICE office, without identifying themselves, explaining the reason for arrest, or serving a warrant beforehand. Petitioner filed a habeas petition and TRO application arguing he is a class member under the Garro Pinchi injunction and that his re-detention violated that order and due process because DHS made no individualized finding of changed circumstances regarding flight risk or danger. The court found serious questions on the merits and ordered his immediate release, enjoined future detention without a pre-deprivation bond hearing, and required return of his confiscated property.
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