Washington: A US federal court has ordered immigration authorities to provide an Indian national held in Immigration and Customs Enforcement (ICE) custody with a bond hearing within five business days or release him, ruling that his continued detention violates federal immigration law and the Fifth Amendment’s Due Process Clause.
In a detailed opinion, US District Judge Jane M. Beckering of the Western District of Michigan conditionally granted a habeas corpus petition filed by Lakhwinder Singh Multani, a native and citizen of India, detained at the North Lake Processing Centre in Baldwin, Michigan.
Multani was taken into ICE custody after his arrest on July 22, 2025, for driving under the influence in Baldwin, Michigan. The court noted that the disposition of the DUI charge remains unclear and that Multani stated he has no other criminal record or arrests in the United States.
According to the court record, Multani entered the United States in 2016 at an unknown location without being “admitted or paroled.” Before his detention, he lived with his family in Pendleton, Indiana, where he owns a home and multiple businesses and serves as the primary financial support for his family.
Multani is currently in removal proceedings on the detained docket before the Detroit immigration court. He had a bond hearing on August 27, 2025, but was denied bond after an immigration judge found a lack of jurisdiction.” He is scheduled for a master calendar hearing on January 16, 2026.
Judge Beckering declined to require Multani to exhaust administrative remedies by appealing his bond denial to the Board of Immigration Appeals.
The court said no statute mandates exhaustion in this context and found that requiring it would likely be futile, citing the government’s stated legal position and recent BIA precedent.
On constitutional grounds, the court held that Multani’s continued detention without an individualised bond hearing violated the Fifth Amendment’s Due Process Clause.
Citing Supreme Court precedent, the opinion said that “freedom from imprisonment—from government custody, detention, or other forms of physical restraint—lies at the heart of the very liberty” protected by due process.
The court ordered immigration authorities to provide Multani with a bond hearing under Section 1226(a) within five business days of the judgment or, alternatively, to immediately release him.
It also directed the government to file a status report within six business days certifying compliance and detailing whether bond was granted or denied and the reasons for any denial.
(IANS)
