Judge scolds ICE over detention due process
A federal judge rebuked ICE for violating due process in its detention policy, finding constitutional defects in how detainees were treated and processed. The opinion underscores courts scrutinizing ICE detention practices and gives new ammunition to removal‑defense claims tied to procedural fairness. (newsweek.com)
U.S. District Judge Kyle C. Dudek issued a 22‑page order in Franco Rodriguez v. Walker (No. 2:26‑cv‑2) on the Middle District of Florida docket addressing the government’s handling of Roberto Francisco Franco Rodriguez’s detention. (newsweek.com) (law.justia.com) The opinion records that ICE served a revocation notice but did not conduct the agency‑mandated “informal interview” after taking Rodriguez into custody, a procedural step the court said was required by internal regulations. (newsweek.com) (pacermonitor.com) Court filings show Rodriguez is a native of Cuba who arrived in the United States in 1980, was placed in removal proceedings after a criminal conviction in 2001, and lived under an Order of Supervision in the community for more than two decades. (law.justia.com) (newsweek.com) The record indicates the revocation and detention occurred during a scheduled ICE check‑in in November 2025 and that Rodriguez is being held at the Everglades site referenced in filings as the Florida “Alligator Alcatraz” facility. (law.justia.com) (pacermonitor.com) Rather than order immediate release, Dudek’s order directed ICE to conduct the missing informal interview by April 3, 2026, and warned that failure to do so would require Rodriguez’s release under the court’s remedy language. (pacermonitor.com) (cubaheadlines.com) The docket shows the clerk was directed to serve the order and petition on the U.S. Attorney’s Office and the U.S. Attorney General, and subsequent docket activity reflects the government’s representations about removal and counsel’s Rule 60 filings challenging those representations. (habeasdockets.org) (courtlistener.com)
