US judges order release of three detained Indians over due process violations

US judges order release of three detained Indians over due process violations


US federal judges in California have ordered immigration authorities to release three Indian nationals, ruling that they were unlawfully detained without hearings, notice, or proper legal justification after previously being allowed to live in the United States while pursuing immigration relief.

The decisions, issued this week in separate cases in the Eastern and Southern Districts of California, found that Immigration and Customs Enforcement (ICE) violated basic constitutional protections by re-arresting the men without following due process requirements under the Fifth Amendment.

All three individuals are Indian citizens who had earlier been released from custody by immigration authorities and were either seeking asylum or other forms of immigration relief when they were detained again.

In the first case, US District Judge Troy L. Nunley ordered the immediate release of Harmeet S., a 21-year-old who entered the United States in August 2022 as a minor. Court records show that Harmeet was released under federal child protection laws and later placed in a Department of Homeland Security alternatives-to-detention program.

The court noted that Harmeet complied with all reporting requirements, had no criminal history, and maintained lawful contact with immigration authorities. However, during a routine in-person ICE check-in in November 2025, he was detained without advance notice or explanation and remained in custody for over a month without a bond hearing.

Judge Nunley ruled that the detention likely violated Harmeet’s constitutional right to due process. The court barred ICE from re-arresting him without first providing notice and an opportunity for a hearing, stating that any future detention would require proof that he posed a danger or flight risk.

In a separate ruling, Judge Nunley ordered the release of Sawan K., an Indian national who entered the United States in September 2024 and sought asylum, citing fear of political persecution in India. Sawan was initially detained but later released while his asylum application was pending.

Despite regularly attending scheduled ICE check-ins, Sawan was detained again during a routine appointment in September 2025. The court found that he was held for approximately four months without a warrant or hearing. Judge Nunley ruled that immigration authorities wrongly placed Sawan under mandatory detention provisions that did not apply to his case and denied him procedural safeguards guaranteed under the Constitution.

The court restrained ICE from re-detaining Sawan unless constitutional requirements are met.

In Southern California, US District Judge Janis L. Sammartino granted a writ of habeas corpus for Amit Amit, an Indian citizen detained at the Imperial Regional Detention Center. According to court filings, Amit entered the United States in September 2022, was briefly detained, and later released on his own recognizance.

After his release, Amit obtained employment, applied for asylum, and maintained a clean criminal record. In September 2025, he was arrested outside his residence while waiting for transportation to work. The court ruled that his release was revoked without notice, explanation, or an opportunity to be heard.

Judge Sammartino ordered Amit’s immediate release and said immigration authorities must provide notice and a hearing before any future detention. The government, the court said, would bear the burden of proving that Amit poses a danger or flight risk.

In all three cases, the judges emphasized that once immigration authorities release an individual from custody, that person gains a protected liberty interest. Detaining individuals without hearings, the courts said, creates a high risk of wrongful deprivation of liberty and undermines constitutional safeguards.

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