US Court Orders Immediate Release of Nigerian Man Detained by ICE, Citing Due Process Violation
A United States District Court in Minnesota has mandated the immediate release of Michael Opeoluwa Egbele, a Nigerian immigrant, from deportation detention, declaring that Immigration and Customs Enforcement (ICE) acted unlawfully by abruptly revoking his supervised release without due process. The ruling, delivered on February 18, 2026, by Senior U.S. District Judge John M. Gerrard, grants Egbele's petition for a writ of habeas corpus and directs the government to free him no later than February 20, 2026.
Background of the Case
According to court documents, Egbele, a native of Nigeria, entered the United States unlawfully in 2003. In 2012, he was arrested and charged with a controlled substances offense, leading to the initiation of removal proceedings. Although he applied for asylum and withholding of removal, an immigration judge denied his claim and ordered his removal in July 2012. However, the removal order was never enforced, and Egbele was released in December 2012 under an order of supervision, which he complied with for over a decade by attending regular check-ins with immigration authorities.
Unlawful Detention and Jurisdictional Dispute
In January 2026, during a routine check-in, Egbele was detained without prior notice or explanation for the revocation of his supervision. The government claimed the revocation was due to his failure to obtain a travel document to Nigeria, but Judge Gerrard noted that no evidence was provided to show he was given notice before arrest. Following detention, Egbele was transferred out of Minnesota, and his family and legal counsel could not locate him for days, with ICE's online system showing no records. The government later revealed he was held at the Torrance County Detention Center in New Mexico, arguing the Minnesota court lacked jurisdiction. Judge Gerrard dismissed this, citing jurisdictional manipulation and applying the "unknown custodian exception" due to Egbele's initial unknown location.
Court's Ruling and Scathing Assessment
On the merits, the government contended Egbele's detention was lawful under 8 U.S.C. § 1231 due to a final removal order, but the judge rejected this, stating the order was final in 2012 and never enforced. He emphasized that Egbele's release on supervision conferred due process rights, which ICE failed to uphold by not providing prior notice of revocation. In a harsh critique, Judge Gerrard wrote that the government presented a post hoc justification for an indiscriminate detention, with no evidence of changed circumstances since 2012. The court concluded that Egbele's continued detention was unlawful and ordered his immediate release, along with a compliance report within 48 hours.
