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U.S. judges order release of two Indian asylum seekers
In both cases, the court said that once immigration authorities release a person from custody, that person gains a protected liberty interest.
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IANS - Sun, 18, Jan 2026
- 23:30 EST
- 19
U.S. Citizenship and Immigration Services / IANS
U.S. federal judges in California have ordered immigration authorities to release two Indian nationals, ruling that their detention without hearings likely violated constitutional due process.
The orders were issued this week by the U.S. District Court for the Eastern District of California. In both cases, the court found that Immigration and Customs Enforcement failed to provide notice, hearings or lawful justification before holding the men in custody.
In one case, Chief U.S. District Judge Troy L. Nunley ordered the immediate release of Kirandeep K., an Indian citizen who entered the United States in December 2021 and sought asylum.
Court records show Kirandeep entered with inspection and was briefly detained before being released on her own recognizance. Immigration authorities determined at the time that she was not a danger to the community or a flight risk.
ALSO READ: U.S. judges order release of three detained Indians
According to court documents, she lived in California for more than four years. During that period, she attended all scheduled appointments with Immigration and Customs Enforcement and U.S. Citizenship and Immigration Services. She lived with her partner.
In September 2025, Kirandeep was detained during a routine ICE check-in. Authorities said she had missed one earlier appointment. Court filings say she provided a valid explanation and checked in the following day, which ICE accepted at the time.
Judge Nunley ruled that her continued detention without a hearing likely violated due process. He ordered her immediate release and barred authorities from re-arresting her without notice.
In a separate ruling, Judge Nunley ordered the release of Rohit K., an Indian citizen with a pending asylum claim.
Rohit entered the United States in November 2021 without inspection and claimed fear of political persecution in India. He was initially detained in June 2025. He remained in custody for more than seven months without a bond hearing.
The court found that Rohit had built community ties and that the government failed to provide a hearing or explain why continued detention was warranted.
Judge Nunley ruled that detaining him without procedural safeguards created a serious risk of wrongful deprivation of liberty. He ordered Rohit’s immediate release.
In both cases, the court said that once immigration authorities release a person from custody, that person gains a protected liberty interest.
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