Client Background

Our client was an immigrant to the U.S. She was detained by ICE for over eight months in Otero County, New Mexico. ICE arrested many other individuals as well, particularly those whose immigration cases are pending. Our client was denied a bond hearing and the opportunity to argue for release. She had not been presented before an immigration judge until then.

This prolonged detention already created immense hardships in pursuing the case. The client lived in uncertainty and consistently feared being transferred to another jurisdiction. She was separated from her community and family, and she even had a fear of permanent removal from the United States.

Legal Challenge

The client’s lengthy detention without any hearing or expected outcomes made the legal process very complex. Her uncertainty and loss of hope resulted from the delay in legal proceedings. Her retention raised serious constitutional concerns because lawyers know that prolonged detentions without judicial review constitute violations of law. It’s also a human rights breach because each individual has the right to seek fair justice until they are proven guilty.

It was an obvious violation of fundamental principles of due process that has already pushed many to suffer even in an unknown country. It also gives trauma to the client’s family and friends because they usually don’t know what’s going on with the person. Rather than supporting her release, the government strongly resisted it. The government even filed objections, indicating its intent to retain the client in its custody for a longer period.

As experienced attorneys, we knew the client faced a significant risk that ICE might transfer him from New Mexico to another district. If it occurred, it would complicate and challenge the case. It could also potentially strip the court of jurisdiction. The principal legal challenges were securing immediate release from detention and preventing removal without proper judicial oversight.

The process required not only strong legal arguments. It also required strategic foresight to anticipate and block potential government maneuvers in a timely manner.

Strategy and Action

Kambo Law, with extensive legal experience, knew the most powerful remedy to achieve an immediate resolution of the case. We filed a verified HCP under 28 U.S.C. § 2241. Legal experts know that HCP is a centuries-old legal principle to protect individuals from illegal arrest. Habeas corpus remains effective for the purpose for which it was designed.

Once we file this partition, we have challenged the legality of ICE’s actions. This partition was powerful, particularly in demanding judicial fact-finding. Our case was referred to Magistrate Judge Laura Fashing. The judge was assigned to provide legal analysis following detailed hearings.

She carefully reviews all the facts and arguments. After that, Judge Laura Fashing issued her proposed findings and recommended disposition. Her PFRD supported the client’s immediate release, which was the primary motive under Kambo law. On the other hand, however, the given caused hurdles. They filed objections to block the client’s release.

We prepared a strong rebuttal with a solid emphasis on constitutional protections. It was also designed to support continued detention and strongly emphasized the urgent need for judicial intervention. We ensured our clients have complete safeguards against ICE re-detention through proper procedures. We ensure clients receive free access for life, not just for a single period. We secured lasting protection against arbitrary detention.

Outcome

The district court conducted a de novo review of the judge’s findings on 2 Jan 2026. The court also analysed the government’s objections to understand the broader context of the transparent legal process. After carefully considering all the facts, the court adopted the judge’s recommendations. It fully overruled the recommendation and granted the habeas petition.

Thereafter, the court issued an order authorizing the release of the client only within the first 24 hours. It was a decisive victory for both the client and Kambo Law, achieved despite an eight-month unlawful detention. The government is also required to file a status report within 48 hours to maintain compliance. The purpose of this report was to confirm that the client has been released on time and safely.

The court issued injunctions that were highly effective in providing long-term protection to the client. These measures established strong safeguards against future arbitrary detention. According to them, prior to the client’s release, ICE was prohibited from removing or transferring him outside the district. They also highlighted that ICE was strictly banned from re-detaining the client. If ICE does so without first holding a pre-deprivation bond hearing before an immigration judge, the government will bear all the expenses for such a hearing.

Impact

The impact of the Habeas Corpus case was outstanding and long-lasting. For our client, the case resulted in the immediate restoration of liberty she had sought for the past 8 months, but she eventually lost hope. Her release allowed her to meet her family and friends again and ditch the special isolation she had been facing for too long. They regained stability and continued their lives happily outside the retention, which was, of course, a pleasant experience.

This case will remain effective for years for the broader immigration community. Although the importance of habeas corpus petition is already obvious, this case has deepened it further. It demonstrated that false imprisonment is challengeable and winnable.

The case also highlights the court’s readiness to step in. When litigation is denied, the court can make some decisions on its own to ensure the full protection of human rights. This case encourages strong advocacy in legal proceedings. It shows that even when circumstances seem unfavorable or opposite, a passionate defense can still turn things in the client’s favor.

The case also strengthened protections for other detainees in similar circumstances. It required a high burden of proof and judicial oversight. The victory was not limited to our client; it opened the door to hope for all who may find themselves in prolonged ICE custody.

Timeline

Key Takeaways

• HCP as a help in crises: This case demonstrated that, even when all other avenues fail, habeas corpus can still produce the desired results. It’s the ideal way to get immediate legal relief regardless of how long your case has been pending.
• Timeliness Matters: It was critical to file the petition promptly due to the nature of the legal proceedings. The client can either be retained for more months or transferred to another place. So, Kambo Law eliminated the complications of taking the right action at the right time.
• Judicial Oversight is Essential: The local court’s injunction requiring a prior re-detention hearing slightly undermines the importance of judicial oversight. This case also shows that ICE is unauthorized to hold an individual without a legal requirement.
• Government Burden of Proof: This case required clear evidence of the danger posed by the client. Doing so, the court set a high standard while demanding convincing evidence. This step ditches unsupported claims or vague argument bases, leading to rejections.
• Broader Implications: This case has been a game-changer for those in ICE custody. It highlights that some legal remedies really work for specific circumstances, so you should choose the right one.

Firm Statement

“We fight for liberty and dignity in every courtroom. This case proves that justice can prevail.”

Want To Seek Legal Help Against ICE Detention?

Contact Kambo Law PLLC today for urgent and effective legal support. We are here, ready to act quickly and protect your rights, overcoming all the legal challenges. Talk to our attorneys, and let’s restore your freedom right away.