A 24-year-old transgender woman from Mexico, identified as O-J-M-, was released from detention after a federal judge found her arrest violated her due process rights. U.S. District Judge Amy Baggio granted her habeas corpus petition and ordered her immediate release, noting that her liberty had been wrongly deprived. Detained for over 40 days, O-J-M- had previously met all legal requirements for her immigration case. Her arrest by ICE followed a judge's decision to dismiss her removal proceedings, leading to widespread support from advocacy groups for her release.
The court finds that Petitioner's substantial interest in her liberty has been erroneously deprived by the Government without procedural due process through the series of Government actions.
No one should be punished for seeking safety.
We are grateful the court recognized that OJM deserves to be free while her case proceeds.
O-J-M- arrived in the U.S. in September 2023, two years after she said cartel members raped her because of her gender identity.
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