A federal judge ruled that immigration authorities unlawfully detained a Colombian asylum seeker without bond and ordered his release from a Newark detention center within 24 hours.
Newark, NJ – A federal judge has ordered Immigration and Customs Enforcement to release a Colombian asylum seeker being held at Delaney Hall in Newark, finding that the government lacked legal authority to continue detaining him under a mandatory detention provision of federal immigration law.
U.S. District Judge Katharine S. Hayden granted a habeas corpus petition filed by Dagoberto Guzman, concluding that he was being unlawfully held under 8 U.S.C. § 1225(b)(1) while his immigration proceedings remain pending.
Key Points
• Federal judge ordered ICE to release detainee within 24 hours.
• Court found mandatory detention statute did not apply after parole into the United States.
• Asylum seeker’s immigration appeal remains pending before the Board of Immigration Appeals.
According to court records, Guzman, a Colombian citizen, entered the United States in May 2022 and was apprehended by Border Patrol days later. After expressing fear of returning to Colombia, he was paroled into the country for one year while pursuing asylum-related protections.
While on parole, Guzman filed an application for asylum, withholding of removal, and protection under the Convention Against Torture. His parole expired in June 2023.
Arrested years after release
ICE agents arrested Guzman at his home in December 2025 and transferred him to Delaney Hall, where he remained detained without bond. Removal proceedings were subsequently initiated, and he later underwent a credible fear interview that resulted in a finding that he could pursue his claims before an immigration judge.
Court documents indicate the immigration court ultimately denied his asylum application and ordered his removal to Ecuador, or alternatively Honduras. Guzman has appealed that decision to the Board of Immigration Appeals.
Court rejects detention argument
Federal attorneys argued that Guzman remained subject to mandatory detention because he had originally been placed in expedited removal proceedings after entering the country and was later found to have a credible fear of persecution.
Judge Hayden disagreed, finding that the government’s reliance on the detention statute was misplaced because Guzman had previously been paroled into the United States. The court concluded that the relevant immigration laws did not authorize officials to return him to mandatory detention status years after his parole had been granted and expired.
The opinion noted that Guzman’s challenge focused on whether the government could continue holding him without a bond hearing while his asylum-related proceedings continue.
Release ordered within 24 hours
As a result of the ruling, the court granted Guzman’s habeas petition and ordered federal immigration authorities to release him from custody within 24 hours.
Judge Hayden did not address separate arguments related to Guzman’s medical condition, stating that the detention issue alone was sufficient to resolve the case.
The decision could have implications for other immigration detainees who were previously paroled into the United States and later taken into custody while their cases remain pending.
