Venezuelan asylum seeker re-detained after parole expired wins habeas release for lack of hearing
Aug 18, 2026·Location: California City, CA
A native and citizen of Venezuela presented himself at a U.S. port of entry on October 25, 2023, and was issued a Notice to Appear charging him as inadmissible. He was then released on humanitarian parole, which expired on October 10, 2025. On June 2, 2026, ICE officers detained him, and he has remained in DHS custody since that date. On June 24, 2026, an Immigration Judge ordered him removed, and he appealed that decision to the Board of Immigration Appeals. He filed a federal habeas corpus petition on August 10, 2026, arguing that his continued detention and re-detention without a hearing violated the Due Process Clause of the Fifth Amendment. The court found that although his detention was properly classified under 8 U.S.C. § 1225(b)(2), he retained a liberty interest in his release that did not expire along with his parole, and that the entry fiction doctrine did not bar his non-admissions due process claim. Applying the Mathews v. Eldridge balancing test, the court found all three factors favored him and ordered his immediate release from custody under the same conditions that existed before his re-detention.
Sources
More incidents in California
- Irvine special education teacher detained at LAX, transferred to Adelanto ICE facilityOct 6, 2026 · Los Angeles, CA
- Former DACA recipient dies of sepsis after Adelanto ICE staff ignored infection, family suesOct 3, 2026 · Adelanto, CA
- Senator tours SFO airport holding room, cites prolonged ICE detentionsOct 1, 2026 · San Francisco, CA
- Mexican man captured by drone-tracking agents in Buena Park fraud sweepOct 1, 2026 · Buena Park, CA
- Irish man detained at airport deported to UK before bond hearingSep 30, 2026 · San Jose, CA
- Ghanaian respiratory therapist chained and detained at SFO gate over visa overstaySep 30, 2026 · San Francisco, CA