A Mexican asylum seeker previously placed in removal proceedings had been released by immigration authorities on his own recognizance and complied with all required immigration court hearings and check-ins. His asylum application was pretermitted and he was ordered removed in March 2026, but he timely appealed to the Board of Immigration Appeals in April 2026, meaning there was no final removal order against him. Despite this, ICE re-detained him during a routine check-in in San Francisco. He filed a petition for a writ of habeas corpus and sought a temporary restraining order, arguing that his re-detention without a pre-deprivation hearing violated his due process rights. A federal court found he raised a serious question on the merits and that the balance of hardships favored him, granting the TRO and ordering his release by 10:00 a.m. the next day while barring further detention without a hearing before a neutral decisionmaker. The government was ordered to file a status report confirming his release and to show cause why a preliminary injunction should not issue.