A 33-year-old Indian citizen who entered the United States near Lukeville, Arizona in December 2022 had lived in the country for nearly four years before his arrest. After entering, he was released on his own recognizance by DHS after expressing fear of returning to India and being deemed neither a flight risk nor a danger to the community, and he later filed an I-589 application for asylum and withholding of removal. He complied with all conditions of release, including appearing for immigration check-ins, and has no criminal convictions anywhere. He was arrested by ICE on May 13, 2026 without written notice, a warrant, or any individualized flight-risk determination, and no removal proceedings were pending against him at that time. He was first held at Delaney Hall in Newark, New Jersey, where a federal court later ordered a bond hearing at which an immigration judge improperly placed the burden on him to prove he was not a flight risk and denied bond; he was later transferred to the Metropolitan Detention Center in Brooklyn, where he has remained in custody for over three months. He filed an emergency habeas corpus petition seeking immediate release, arguing his detention violated his constitutional and statutory rights because he never received a pre-detention bond hearing. The court found he was likely to succeed on the merits and ordered his immediate release, enjoined the government from re-detaining him without prior court authorization, and set a briefing schedule for further proceedings on the petition.