Oscar Ivan Lopez Lopez, a noncitizen who has lived in the United States for over 25 years and is the father of a U.S. citizen child, was detained by Immigration and Customs Enforcement in January 2026 while driving. Lopez had previously been granted Military Parole-in-Place until May 2026, but DHS terminated his parole status in March after he filed his habeas petition challenging his detention at the Rio Grande Processing Center.
Judge Saldaña rejected the government's argument that noncitizens' constitutional rights are limited to those set out in statute, emphasizing that the Fifth Amendment's Due Process Clause applies to all persons within the United States. "Noncitizens who have established a presence in the United States have a protected liberty interest and a right to freedom from punitive civil detention that derives from the Constitution," Saldaña wrote. The judge found that civil immigration detention is only permissible when "reasonably related to the statutory purposes of ensuring appearance at proceedings and protecting the community from danger."
The case comes after the Fifth Circuit's February decision in Buenrostro-Mendez v. Bondi, which held that noncitizens apprehended in the interior who entered without inspection are subject to mandatory detention under federal immigration law. However, Saldaña noted that the appellate ruling "left unresolved other claims brought by petitioners challenging their mandatory detention, including constitutional questions under the Due Process Clause." The judge relied on her prior ruling in Strunin v. Garcia, where she found similar detention violated due process rights.
The ruling adds to a growing split among district courts over mandatory redetention of previously paroled noncitizens, with Saldaña citing similar decisions from courts in Washington, Massachusetts, New York and Texas. The judge ordered ICE to release Lopez within 24 hours and required that any future detention include an individualized assessment of flight risk and dangerousness. The government has two weeks to indicate whether it will seek a final judgment in the case.