A federal court in New Mexico has granted a petition for a writ of habeas corpus to Roodberly Chavene Etienne, a Haitian citizen detained by U.S. Immigration and Customs Enforcement (ICE). The court ruled that her detention without a bond hearing violated her Fifth Amendment right to due process. This decision affects Etienne directly, as she will be released from custody, and it may set a precedent for similar cases involving immigration detention.
Etienne has lived in the United States since 2016 and has been pursuing her education and career. She earned a degree in criminal justice in 2021 and a Master of Public Administration in 2025. Despite having no criminal history and family ties in the U.S., she was detained by ICE on September 10, 2026, after being charged with remaining in the country after her visa expired.
The case, filed under docket number 2:26-cv-03183, reached the U.S. District Court for the District of New Mexico after Etienne claimed that her detention without a bond hearing was unconstitutional. She argued that the lack of a pre-deprivation notice and hearing violated her rights. The court's ruling marks a significant moment in the ongoing debate over immigration policies and the rights of noncitizens in the U.S.
In its ruling, the court found that Etienne's continued detention without a bond hearing was unlawful. The opinion stated, "Respondents failed to articulate a legitimate interest in Petitioner’s continued detention and therefore orders her immediate release." The court emphasized that under the relevant statute, 8 U.S.C. § 1226(a), individuals like Etienne are eligible for a bond hearing, which was not provided to her.
The ruling was influenced by a previous decision in the Tenth Circuit case, Santillan Quiroz v. Mullin, which clarified that noncitizens detained in the interior of the U.S. are typically subject to § 1226(a) and should be granted bond hearings. The court stated, "Accordingly, the Court finds that 8 U.S.C. § 1226(a) governs Petitioner’s detention, her continued detention without a bond hearing violates her Fifth Amendment right to due process, and, as such, she is entitled to habeas relief."
As a result of this decision, Etienne will be released from detention with conditions that may include electronic monitoring and regular check-ins. The court also ordered that all of her seized property be returned. Furthermore, the court retained jurisdiction to ensure compliance with its order and to address any motions for attorneys’ fees and costs.
This ruling could have broader implications for individuals in similar situations, particularly those detained by ICE without a bond hearing. It highlights the importance of due process rights for noncitizens and may encourage others in similar circumstances to seek legal relief. The decision reinforces the notion that immigration authorities must provide fair treatment and adhere to constitutional protections.
What's next for Etienne is her release from custody, but the case may not end here. The federal government could potentially appeal the ruling, although details about any such plans were not specified in the court filing. Additionally, this case may serve as a reference point for other pending cases involving immigration detention and due process rights.