Daijiworld Media Network - Washington
Washington, Jan 19: A federal court in California has ordered the release of two Indian nationals, ruling that their prolonged detention without hearings likely violated their constitutional right to due process. The orders were issued this week by the US District Court for the Eastern District of California.
In both cases, the court found that Immigration and Customs Enforcement (ICE) failed to provide proper notice, hearings, or legal justification before holding the individuals in custody.
In the first case, Chief US District Judge Troy L. Nunley directed the immediate release of Kirandeep K., an Indian citizen who entered the US in December 2021 and applied for asylum. Court records show that Kirandeep had initially been detained but was released on her own recognizance, with ICE determining she was neither a flight risk nor a threat to the community.
During her more than four years in California, she complied with all scheduled appointments with ICE and US Citizenship and Immigration Services while living with her partner. In September 2025, she was detained during a routine ICE check-in over a missed appointment, which she had a valid explanation for and subsequently resolved. Judge Nunley concluded that her continued detention without a hearing likely violated due process, ordering her release and prohibiting re-arrest without proper notice.
In a separate ruling, Judge Nunley ordered the release of Rohit K., another Indian citizen with a pending asylum claim who entered the US in November 2021 without inspection, citing fear of political persecution in India. Rohit was detained in June 2025 and remained in custody for over seven months without a bond hearing. The court found that he had established community ties and that the government had not provided procedural justification for continued detention. Judge Nunley ruled that holding him without a hearing posed a serious risk of unlawful deprivation of liberty and mandated his immediate release.
The court emphasized that once immigration authorities release an individual from custody, that person acquires a protected liberty interest, underscoring the importance of procedural safeguards in immigration enforcement.