Kuldeep Singh, an asylum seeker from India, was initially released after entering the United States near Lakeville, Arizona, in March 2023, but was re-arrested by Immigration and Customs Enforcement in March 2026 for reporting violations. Singh challenged his ongoing detention at the Golden State Annex Detention Facility in McFarland, California, arguing that his indefinite detention without a bond hearing violated his constitutional rights.
Judge Thurston rejected the government's argument that Singh was subject to mandatory detention under expedited removal procedures, noting that respondents 'offer little to rebut Petitioner's due process claim and do not provide any justification for detaining Petitioner.' The judge cited seven previous rulings where she had rejected similar government positions, stating that the detention was unlawful. Thurston ordered that if immigration officials provide a bond hearing, 'the government must prove by clear and convincing evidence that [Singh] is a flight risk or a danger to the community to justify denial of bond.'
The government had filed a motion to dismiss Singh's petition for a temporary restraining order and writ of habeas corpus, asserting only that Singh was subject to mandatory detention under 8 U.S.C. ยง 1225(b)(2). The court denied the government's motion to dismiss and granted Singh's underlying habeas petition, rendering his request for a temporary restraining order moot.
The ruling continues a pattern in the Eastern District of California where Judge Thurston has consistently rejected the government's position on mandatory detention for asylum seekers. Immigration officials must now provide Singh with an individualized bond hearing that complies with Ninth Circuit precedent requiring the government to meet a clear and convincing evidence standard, or face an order for his immediate release.