Jose V.S.: Longtime resident with pending U-visa held six months in ICE custody
A longtime U.S. resident with a pending U-visa was held at Adelanto Detention Center for six months after a disputed DUI arrest that brought no charges. A court ordered him freed within 24 hours.
Feb 24, 2026Los Angeles, CA
The petitioner entered the United States without inspection in February 2004 and has lived here continuously since then, more than 20 years. He applied for a U-visa, was granted deferred action, and received employment authorization valid from March 2023 to October 2024 while seeking adjustment of status. On February 24, 2026, he was arrested by the Los Angeles County Sheriff's Department for DUI alcohol, an allegation he disputes; the arrest did not result in criminal charges. Upon his release from county custody, he was detained by ICE and has been held at the Adelanto Detention Center for roughly six months. An immigration judge reportedly dismissed his removal proceedings on August 5, 2026, though records suggest a master hearing remained scheduled for September 2026. He filed a counseled habeas corpus petition arguing his detention without notice or a hearing violated procedural due process. The court agreed, finding the government's failure to provide pre-deprivation process unconstitutional, and ordered his release within 24 hours.
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