A court ruling in New Jersey found prolonged immigration detention unlawful, mandating immediate supervised release.
Newark, NJ – A federal judge has ordered the release of a Guatemalan national detained by Immigration and Customs Enforcement (ICE) in Newark, ruling that the government failed to justify his continued confinement months after his arrest. The decision, issued Monday, grants a habeas corpus petition filed by Gabriel Saquic Cahuex and requires federal authorities to release him within 48 hours under supervised conditions.
The court found that Cahuex, who has no criminal record and has lived in the United States since 2014, had been held beyond the legally permissible detention period tied to a final order of removal. His removal order became final in 2019, meaning the statutory 90-day mandatory detention window expired years ago.
Key Points
- Federal judge orders ICE to release detainee within 48 hours
- Court finds removal period expired in 2019, making detention unlawful
- Government failed to show removal was likely in the foreseeable future
Court rejects government’s justification for detention
Cahuex was detained on February 5 in Newark. In response to his petition, federal officials argued he was still within a 90-day mandatory detention period under immigration law. The court rejected that claim, determining the removal period had already expired on November 10, 2019.
Legal precedent cited in the ruling states that while detention is mandatory during the initial removal period, extended detention beyond that timeframe raises constitutional concerns if removal is not likely in the foreseeable future.
The court noted, “Respondents have submitted no evidence that petitioner’s removal is reasonably foreseeable,” pointing to a lack of documentation supporting continued detention.
Family ties and pending residency application considered
Cahuex is married to a lawful permanent resident and has a U.S. citizen child. His spouse filed an I-130 petition in 2023 seeking to adjust his immigration status, and that application remains pending.
The judge emphasized these factors, along with delays in immigration proceedings nationwide, as reasons supporting his release. The opinion referenced a growing backlog of similar habeas cases that could further delay removal efforts.
Order mandates return of personal property
In addition to ordering Cahuex’s release, the court directed federal authorities to return all personal belongings seized at the time of his detention, including identification documents, currency, and his cellphone. Officials must also confirm compliance with the order in a court filing.
The ruling allows for supervised release conditions under federal immigration law but makes clear that continued detention without evidence of imminent removal is not justified under current legal standards.