At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. On September 11, 2026, a federal court in the Western District of Washington held that holding someone in immigration detention for months, with no bond hearing, violates due process.
Here is what the court actually ordered, how far the ruling reaches, and what it may mean for a family that has been waiting for months.
What did the court decide?
The case is Le v. Mullin (No. 2:26-cv-02483), decided by Magistrate Judge Grady J. Leupold. The court granted the detainee’s habeas corpus petition in part and ordered three specific things:
- An individualized hearing within seven days: the government must give the petitioner a bond hearing before an immigration judge within seven days of the order, unless the detainee himself requests a continuance.
- The government carries the burden: at that hearing, the government must prove by clear and convincing evidence that the person is a danger to the community or a flight risk.
- Release if no hearing occurs: if the hearing does not happen within the deadline, the government must release the petitioner no later than the eighth day, under reasonable supervised release conditions.
The court also required a contemporaneous record of the proceeding and set September 21, 2026 as the deadline for the government to file a declaration reporting whether the hearing took place and what it decided.
Why the burden of proof is the heart of the ruling
It sounds technical, but it is the part that matters most.
In many bond hearings, the detained person is the one who has to convince the judge that release is warranted. Here the court flipped that: after prolonged detention, it is the government that must prove — under the demanding clear and convincing standard — that detention should continue.
That shift changes how a case is built. It is no longer only about gathering support letters. It requires the government to back every claim of dangerousness or flight risk with actual evidence.
Does this ruling apply nationwide?
No, and it is worth being direct, because summaries circulating online suggest otherwise.
Le v. Mullin is an order from a federal district court, issued for one specific petitioner. It is not a national rule, it does not change the statute on its own, and it does not automatically bind an immigration judge in Colorado, Utah, Oregon, Indiana, or Florida.
What it does do is add to a line of decisions in which federal courts are scrutinizing how long immigration detention may last. For an attorney, that is useful material: a due process argument a court has already accepted, with a concrete remedy and firm deadlines, that can be cited in a habeas corpus petition filed in the appropriate federal district court.
What can you do if a relative has been detained for months?
- Identify the legal basis for the detention: discretionary detention and mandatory detention based on certain records are not the same. That classification decides whether bond can be sought before an immigration judge or whether federal court is the path.
- Document the timeline: the exact arrest date, every hearing, every transfer, every denied request. Duration is the central fact in a prolonged-detention argument.
- Build the community package: stable address, letters from family and employers, proof of ties, a housing plan. If a hearing is granted, there is little time to prepare.
- Ask about habeas corpus: it is a petition in federal district court, separate from a bond motion before the immigration judge. It does not fit every case and requires analysis first.
- Do not wait for the next immigration hearing: these deadlines run independently of the immigration court calendar.
Protect Your Immigration Status with Campos Law Firm
Prolonged detention upends an entire household: work, rent, children. Our team reviews the legal basis for the detention, evaluates whether a due process argument based on its length exists, and prepares both the bond request and the federal route when appropriate. We do not make unrealistic promises. We provide serious legal representation backed by preparation and integrity.
Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
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