Luis Marcelo C.B., a noncitizen who entered the United States in October 2019, was detained by immigration officials in December 2025. He applied for asylum, withholding of removal, and protection under the Convention Against Torture in February 2026. An immigration judge denied his request for bond redetermination the following day, citing lack of jurisdiction under federal immigration law.
Judge Nunley found that the government violated C.B.'s Fifth Amendment due process rights by detaining him without proper procedural safeguards. "Freedom from imprisonment—from government custody, detention, or other forms of physical restraint—lies at the heart of the liberty that [the Due Process] Clause protects," Nunley wrote, citing Supreme Court precedent. The judge determined that C.B. was entitled to notice and a hearing before a neutral decisionmaker prior to his detention, which he did not receive.
C.B. filed his habeas corpus petition on March 16, 2026, challenging the lawfulness of his civil detention. The government opposed the petition, arguing that C.B. was subject to mandatory detention as an "applicant for admission" under federal immigration law. C.B. filed a reply brief on March 20.
The court's order requires immediate release and enjoins the government from re-arresting C.B. without constitutional protections, including seven days' notice and a pre-deprivation hearing. Any future detention would require officials to demonstrate either a significant likelihood of removal or that C.B. poses a danger to the community or flight risk by clear and convincing evidence.