Singh, an Indian national who entered the United States in 2019, was initially released on his own recognizance and enrolled in the Alternatives to Detention program. He was re-detained in November 2025 after ICE determined he was unlawfully in the country following an arrest for running an open weigh station in Iowa.
The government justified Singh’s detention under the mandatory detention provision of 8 U.S.C. § 1225(b)(2). Judge Leonard T. Strand acknowledged that while this statute provides no statutory right to a bond hearing, Singh’s specific circumstances triggered enhanced due process protections.
Singh argued that his prior voluntary release created an implicit promise that his liberty would only be revoked if he failed to meet release conditions. The court found that Singh had not violated those conditions, aside from a minor reporting violation that did not result in termination from the program.
Judge Strand rejected the government’s argument that a change in administration or policy could justify reneging on that past promise without process. The court held that revoking the promise arbitrarily, with no allegation of changed circumstances or violation by the petitioner, was fundamentally unfair.
The order directs respondents to release Singh immediately, subject to the conditions he was required to comply with prior to his re-detention.
The court further ruled that if the government wishes to re-detain Singh pending removal proceedings, it must provide him with sufficient notice and a hearing before an immigration judge. At such a hearing, the government must prove by clear and convincing evidence that Singh poses a flight risk or danger to the community.