Noncitizen Re-detained by ICE After 2 Years Without Notice or Hearing
May 1, 2026·Location: Denver, CO
A noncitizen who entered the U.S. in 2024 and was released on his own recognizance was abruptly re-detained by ICE in May 2026 without notice or opportunity to be heard. Respondents claimed he was subject to mandatory detention under 8 U.S.C. § 1225(b). The court granted his habeas petition, finding that § 1226(a)—not § 1225(b)—applied to him because he had already entered the interior of the country. The court ordered his immediate release by July 4, 2026, and enjoined re-detention absent clear and convincing evidence at a pre-deprivation hearing.
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