Gurgen Pogosian, a Russian citizen born in Armenia, entered the U.S. in October 2023 and received authorization to remain until October 2026. He has been living in Southern California with his wife and minor son while pursuing asylum applications before the Immigration Court. Despite having no criminal charges filed against him, ICE detained Pogosian outside his Glendale home in February 2026, apparently believing he was present without proper authorization.
Judge Holcomb found that ICE's detention violated Pogosian's procedural due process rights under a three-part constitutional analysis. 'Due Process protects against immigration detention that is not reasonably related to the legitimate purpose of effectuating removal or protecting against danger and flight risk,' the judge wrote, noting that Pogosian's Form I-94 'expressly authorizes his admittance until October 7, 2026.' The court concluded that 'procedural Due Process requires a pre-deprivation notice of the reasons for re-detention and a prompt hearing before a neutral arbiter.'
An immigration judge had previously denied Pogosian bond in March, reasoning that he was detained under 8 U.S.C. § 1225 and therefore ineligible for bond. However, Judge Holcomb rejected Pogosian's statutory claims under § 1226 while granting relief on constitutional grounds. The case began when Pogosian filed his habeas corpus petition and emergency application on March 17, 2026.
The ruling represents a significant victory for asylum seekers detained despite having valid immigration documentation. Judge Holcomb emphasized that his order 'does not provide Pogosian with blanket immunity from future detention' but requires that 'any future enforcement actions after release must comply with Due Process requirements.' The case has been referred to a magistrate judge for further proceedings on the merits.