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Judge Scolds ICE 'Cruelty' for Arresting Man He Just Ordered Be Released

Judge Scolds ICE 'Cruelty' for Arresting Man He Just Ordered Be Released

Summary

A federal judge in Colorado ordered the Trump administration to release Edgardo Garcia Vargas after ICE arrested him minutes after a court-ordered release. Judge S. Kato Crews said the re-arrest continued a due process violation and warned that another detention without a bond hearing could lead to contempt proceedings.

Key Facts

  • Crews said ICE arrested Garcia Vargas on the detention facility grounds minutes after he was released under an earlier court order.
  • The judge rejected the government’s argument that the case should close because Garcia Vargas had technically been released.
  • Garcia Vargas’s habeas petition said his original arrest violated due process because authorities did not present a warrant.
  • The government did not respond to the petition, and Crews treated the due process claim as conceded.
  • Crews ordered the government to file a report within three days confirming Garcia Vargas’s release.
  • The order bars authorities from detaining Garcia Vargas again unless they first hold a bond hearing and show that he is a flight risk or a danger to the community.
  • Crews warned that another arrest without the required hearing could prompt consideration of contempt proceedings.
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