A US federal court found that immigration authorities unlawfully detained Vikas Kumar, an Indian citizen, by cancelling his parole without following proper constitutional procedures. The court, based in the Southern District of California, ordered Kumar’s immediate release under the same parole conditions that previously allowed him to reside and work in the US. Kumar, detained at the Otay Mesa Detention Center by Immigration and Customs Enforcement (ICE), was arrested on December 24, 2025, while working for DoorDash at the Marine Corps Base Camp Pendleton.
The court highlighted that Kumar, who entered the US without proper documents in March 2024, had been released on conditional parole two days later. Despite complying with all parole conditions, including attending ICE check-ins, obtaining work authorization, and pursuing asylum, his parole was revoked abruptly without explanation or a hearing. Kumar argued that his detention violated constitutional rights and federal immigration laws, a claim the court upheld.
Ruling in favor of Kumar, the court emphasized that once parole was granted, Kumar had a protected liberty interest that could not be revoked without valid reasons. The judge stressed that due process rights apply to all individuals in the US, irrespective of immigration status. The court concluded that detaining Kumar without proper procedures posed a risk of wrongful detention and ordered his immediate release, stating that any future detention attempts must involve notice, reasons for revocation, and a hearing before a neutral decision-maker.
