09/11/2026
HABEAS WIN — CENTRAL DISTRICT OF CALIFORNIA
Case No. 5:26-cv-04787-BFM
We obtained an order granting habeas relief and requiring our client’s immediate release from ICE detention.
The Court’s language is remarkable:
“For utter lack of compliance with § 1226(a), Petitioner’s detention was unlawful.”
The Court emphasized that this was not just a technical statutory problem:
“Because it’s important to the discussion of the appropriate remedy, the Court notes that this is not just a statutory violation, but a violation with constitutional dimensions.”
And because the detention was unlawful from the beginning, the remedy was release:
“Because Petitioner’s detention has been unlawful from the outset, the Court concludes that the most appropriate remedy for this violation would be to return Petitioner to the previous status quo by releasing him from detention.”
The Court also made clear why a later bond hearing did not cure what happened at the outset:
“In the absence of an initial custody determination, which establishes a lawful basis for detention in the first instance, a subsequent bond hearing is no substitute for the requirement that ICE engage in a deliberative process prior to, or contemporaneous with, the initial decision to strip Petitioner of his freedom.”
The order situates this case within a much broader problem:
“Hundreds, if not thousands of individuals were held without process that was owed to them. Petitioner was one such person.”
And then there is this line, after noting that the government failed to respond to several of the claims actually raised:
“The Court is not duty-bound to go find a reason for them.”
The Petition was granted, and the Court ordered immediate release on reasonable conditions.
This is why habeas matters. The government cannot arrest first, ignore the process Congress required, and then treat a belated hearing as though it erases an unlawful detention from its inception.