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Nicaraguan man re-detained by ICE at check-in after two years living and working in US

Aug 20, 2026

Country of origin: Nicaragua

Pedro Joaquin Aviles-Mena, a Nicaraguan citizen, was detained at the U.S.-Mexico border in 2022 and subsequently released on parole. After living and working in the United States for more than two years, he was re-detained by Immigration and Customs Enforcement at a scheduled check-in. He filed a petition for writ of habeas corpus and sought a temporary restraining order, arguing his re-detention violated procedural due process under the Fifth Amendment and that mandatory detention under the expedited removal statute no longer applied to him once he had been paroled into the country. A federal judge granted the temporary restraining order and later a preliminary injunction ordering his release, finding he had raised a serious question on the merits and enjoining the government from re-detaining him. On August 20, 2026, the court granted his habeas petition on the merits, ruling that he may not be re-detained without notice and a hearing before a neutral decisionmaker absent a material change in circumstances.

Timeline

Aug 20, 2026—Court granted habeas petition on the merits, barring re-detention without notice and a hearing before a neutral decisionmaker absent material change in circumstances
Jan 1, 2024—Re-detained by ICE at a scheduled check-in after over two years living and working in the U.S.
Jan 1, 2024—Filed petition for writ of habeas corpus and motion for temporary restraining order
Jan 1, 2024—Federal judge granted temporary restraining order and later a preliminary injunction ordering his release
Jan 1, 2022—Detained at the U.S.-Mexico border and later released on parole
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