"On Jan. 11, Danny Briceno-Solano was picked up by ICE agents on I-77 because his vehicle had unclear, paper license plates. On Wednesday, U.S. District Thomas Johnston ordered Briceno-Solano released from South Central Regional Jail, where he has been held for weeks. It is the third time a federal judge has ordered the release of an immigrant detained in a West Virginia jail over the last week."
"A threat to anyone's constitutional rights is a threat to us all. Today, immigrants are being detained without due process. Tomorrow, under the Government's interpretation of the law, American citizens could be subject to the same treatment. This Court will not allow such an unraveling of the Constitution. When the roll is called up yonder, it is going to be some federal district judges who march first through the gates."
Danny Briceno-Solano was picked up by ICE agents on I-77 after his vehicle displayed unclear paper license plates. U.S. District Judge Thomas Johnston ordered Briceno-Solano released from South Central Regional Jail after weeks of detention. It was the third recent instance of a federal judge ordering the release of an immigrant detained in a West Virginia jail. At a Show Cause Hearing Judge Johnston described a hypothetical where the Government's interpretation would bar bond hearings for individuals mistakenly detained by ICE. Under that interpretation detainees could only seek relief by filing habeas petitions in higher courts, creating procedural barriers. The judge warned that such a stance threatens due process and constitutional rights.
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