Hayat Asfir Ferje, a 35-year-old Ethiopian citizen with no criminal history, has been detained by Immigration and Customs Enforcement at the GEO Group Aurora facility since her single entry to the United States in November 2024. Ferje alleges that ICE is improperly holding her under expedited removal provisions rather than providing her a bond hearing under standard immigration detention statutes.
Judge Gallagher found that Ferje presented sufficient allegations showing respondents will not provide a bond hearing under 8 U.S.C. § 1226(a) and instead seek to detain her under § 1225(b)(2)(A). "The Government is constitutionally obligated to provide due process," Gallagher wrote, citing recent Supreme Court precedent that "'It is well established that the Fifth Amendment entitles aliens to due process of law' in the context of removal proceedings."
The judge relied on his previous ruling in Barreno v. Baltasar, where he found an immigrant "not detained while attempting to enter the country and [without] other circumstances that would subject her to mandatory detention" was "entitled to a bond hearing." Gallagher noted that expedited court intervention is sometimes necessary to prevent due process violations during immigration proceedings.
Respondents have seven days to show cause why Ferje should not be granted either a bond hearing within seven days or release from custody. The case highlights ongoing tensions between immigration enforcement priorities and constitutional due process requirements for detained immigrants.