Unaccompanied minor released after detention violates due process rights, court rules
May 2026
An unaccompanied minor came to the United States as an unaccompanied minor in August 2018 and was initially detained by immigration officers who commenced removal proceedings. He subsequently filed an asylum application that remains pending. He was transferred to the U.S. Department of Health and Human Services' Office of Refugee Resettlement and released to his sponsor, an uncle. In May 2026, immigration officers arrested him in front of his home without pre-deprivation process or notice. He challenged his detention in federal court, arguing it violated his constitutional due process rights. The U.S. District Court for the Eastern District of California granted his petition for writ of habeas corpus, finding his case indistinguishable from prior cases where courts determined similar detentions violated due process. The court ordered his immediate release and permanently enjoined respondents from re-arresting or re-detaining him without constitutional protections including pre-deprivation notice, a timely hearing, and a government burden to prove by clear and convincing evidence that he poses a danger or flight risk.
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