A federal court in Southern California has ordered the release of Darya Artsiushenka, a Belarusian woman who was detained by U.S. Immigration and Customs Enforcement (ICE) during a routine check-in. The court's decision comes after Artsiushenka filed a petition for a writ of habeas corpus, arguing that her detention violated her due process rights. This ruling could have significant implications for others in similar situations.
Artsiushenka entered the United States on July 14, 2022, under a form of humanitarian parole. She settled in North Carolina, where she built a life, found employment, and filed for asylum. However, on September 15, 2026, she was detained during a scheduled ICE check-in and later transferred to Otay Mesa Detention Center. Artsiushenka claims she was not given any notice or opportunity to contest her detention, raising concerns about her legal rights.
The case, officially titled Darya Artsiushenka v. Christopher LaRose et al., was filed in the U.S. District Court for the Southern District of California under docket number 3:26-cv-05671. The respondents in the case included several government officials and agencies, including the Acting Attorney General of the United States and the Department of Homeland Security.
In her petition, Artsiushenka argued that her previous release on humanitarian parole created a liberty interest that entitled her to due process protections. The court noted that many prior cases had established that a grant of release, such as humanitarian parole, raises a legitimate claim to due process rights. Respondents acknowledged Artsiushenka's previous release and stated that they did not oppose her petition, deferring to the court for the appropriate relief.
In its ruling, the court stated, "Due process requires release of Petitioner here," and granted Artsiushenka's writ of habeas corpus. The court ordered the respondents to release her immediately, subject to any conditions of her prior release that existed at the time of her re-detention. The court's decision reflects a growing recognition of the rights of individuals who have been granted humanitarian parole.
The ruling has broader implications for immigration law and the treatment of individuals seeking asylum in the United States. It highlights the importance of due process rights for those who have been granted a form of legal entry into the country. The court's decision reinforces the notion that individuals cannot be arbitrarily detained without proper notice or justification.
Going forward, this ruling may set a precedent for similar cases involving individuals who have been granted humanitarian parole. It underscores the legal obligation of immigration authorities to respect the rights of those they detain, particularly when those individuals have previously been released under humanitarian grounds.
As for what comes next, the court has ordered the parties to file a Joint Status Report by October 14, 2026, confirming that Artsiushenka has been released. There is currently no information available regarding whether the government plans to appeal the ruling or if there are any related cases pending.