Immigrant re-detained by ICE after prior release wins court-ordered release
Aug 19, 2026·Location: McFarland, CA
The petitioner, who was previously detained by immigration authorities and then released on his own recognizance, was later re-detained by ICE. Respondents argued he was held under 8 U.S.C. § 1225(b)(2), but acknowledged that recent Ninth Circuit precedent establishes that § 1226(a) actually governs his detention, meaning he is entitled to seek a custody redetermination. He filed a petition for writ of habeas corpus and a motion for a temporary restraining order challenging his detention. The court found that his prior release created a liberty interest in continued release, and that his re-detention without a pre-deprivation hearing violated due process. The court granted the habeas petition, ordering his immediate release on the same conditions as before his re-detention, and enjoined respondents from re-detaining him without first providing notice and a bond hearing before an immigration judge. The motion for a temporary restraining order was denied as moot given the grant of habeas relief.
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