Washington, D.C. — Federal judges in California have ordered U.S. immigration authorities to release two Indian nationals seeking asylum, finding that their detention without hearings likely violated constitutional due process protections.
The rulings were issued this week by the U.S. District Court for the Eastern District of California, which found in both cases that Immigration and Customs Enforcement failed to provide adequate notice, hearings, or lawful justification before keeping the individuals in custody.
In one case, Chief U.S. District Judge Troy L. Nunley ordered the immediate release of Kirandeep K., an Indian citizen who entered the United States in December 2021 and applied for asylum. Court records show she entered with inspection, was briefly detained, and was later released on her own recognizance after authorities determined she was neither a danger to the community nor a flight risk.
According to court documents, Kirandeep lived in California for more than four years, attended all scheduled appointments with Immigration and Customs Enforcement and U.S. Citizenship and Immigration Services, and resided with her partner. In September 2025, she was detained during a routine ICE check-in after authorities said she had missed one earlier appointment. Court filings state that she provided a valid explanation and checked in the following day, which ICE accepted at the time.
Judge Nunley ruled that her continued detention without a hearing likely violated due process. He ordered her immediate release and barred immigration authorities from re-arresting her without notice.
In a separate case, Judge Nunley also ordered the release of Rohit K., an Indian citizen with a pending asylum claim. Rohit entered the United States without inspection in November 2021 and sought asylum, citing fear of political persecution in India. He was initially detained in June 2025 and remained in custody for more than seven months without a bond hearing.
The court found that Rohit had established community ties and that the government failed to provide a hearing or explain why his continued detention was justified. Judge Nunley said detaining him without procedural safeguards created a serious risk of wrongful deprivation of liberty and ordered his immediate release.
In both rulings, the court said that once immigration authorities release a person from custody, that individual gains a protected liberty interest under the Constitution. (Source: IANS)
