Rajesh Kandhol, a 44-year-old Indian citizen, entered the United States without inspection in 2023, was apprehended at the Lukeville, Arizona border, and was released on bond. He filed a pending asylum application, obtained employment authorization, and opened a restaurant in Wisconsin. ICE redetained him on January 14, 2026. He had no criminal history and had fully complied with all bond requirements before his redetention.
Chief U.S. District Judge Kenneth J. Gonzales of the District of New Mexico granted Kandhol's TRO application on March 4, 2026, in case number 1:26-cv-00576. The court ordered the government to release Kandhol within 24 hours and barred redetention unless the government demonstrates by clear and convincing evidence at a pre-deprivation hearing before a neutral arbiter that Kandhol is a danger or flight risk.
The statutory holding turns on which detention regime applies. The government's position would place Kandhol under 8 U.S.C. § 1225(b)(2)(A), the mandatory detention provision for applicants seeking admission, which affords no bond hearing. Judge Gonzales concluded instead that § 1226(a) likely governs because Kandhol had already effected an entry and was arrested in the interior of the United States — not at the border seeking admission. Under § 1226(a), noncitizens are entitled to individualized bond hearings at the outset of detention.
On the constitutional claim, the court found that because § 1226(a) likely controls, Kandhol is entitled as a right to an individualized bond hearing, and that his redetention without such review constitutes an ongoing violation of his due process rights under the Fifth Amendment. The court cited Zadvydas v. Davis for the proposition that freedom from imprisonment — from government custody, detention, or other forms of physical restraint — lies at the heart of the liberty the Due Process Clause protects.
The court found irreparable harm on two grounds: the infringement of a constitutional right is per se irreparable, and Kandhol's business had been suffering in his absence, harming both him and his employees. On the balance of equities, the court noted that the burden on the government to hold a pre-deprivation hearing is minimal compared to the harm Kandhol suffers in detention, and that his compliance history made continued detention unnecessary to secure his appearance at immigration proceedings.
The TRO also bars the government from imposing any post-release monitoring or supervision not already in place before his detention. The order remains in effect for 28 days. The court waived the bond requirement, citing the important constitutional rights at stake, and reserved ruling on the merits of the underlying habeas petition.