In *A.S. et al v. Kristi Noem et al* (Case No. 5:26-cv-00316), U.S. District Judge Michelle Williams entered judgment on April 15, 2026, following an order accepting the findings and recommendations of a U.S. Magistrate Judge.
The court held that ICE’s actions were unlawful because the petitioner was not afforded a predetention hearing before a neutral arbiter. The judge determined that such a hearing is required to establish whether detention is lawful and warranted under applicable statutes and regulations.
Specifically, the court noted that detention is only justified if the petitioner violated a term of his Order of Supervision or if his removal from the United States is significantly likely in the reasonably foreseeable future.
The judgment explicitly enjoins the respondents and their agents from redetaining the petitioner without providing notice and an opportunity for the required hearing.
Additionally, the court barred the removal of the petitioner to any third country without appropriate notice and an opportunity to be heard in accordance with ICE regulations and the Convention Against Torture.
The order highlights that the respondents had procured travel documents for the petitioner and that these documents were in ICE’s possession, underscoring the availability of removal options that must be handled with proper procedural safeguards.
The injunction also preserves the petitioner’s right to assert fear-based objections to removal, ensuring compliance with international obligations regarding torture and cruel treatment.