July 2026 – Kendall Brill & Kelly LLP (KBK) attorneys Emma M. Tehrani and Tia S. Baheri, serving on a pro bono basis, secured a final habeas victory for a young asylum seeker from Nicaragua who was unlawfully detained by Immigration and Customs Enforcement (ICE) after appearing for a routine ICE appointment in full compliance with the conditions of his supervision.
The asylum seeker, M.C., was initially apprehended by ICE when he crossed into the U.S. to seek asylum in 2022 and later released on parole. He had since been working as a gardener in Los Angeles to help support his family.
Public Counsel, a nonprofit public interest legal organization in Los Angeles, referred the case to KBK after ICE detained M.C. despite his compliance with the terms of his supervision. Ms. Tehrani and Ms. Baheri secured emergency relief for their client by filing an ex parte application for a Temporary Restraining Order, which Judge R. Gary Klausner granted. After ICE released M.C., the agency mandated that he wear an uncomfortable and disruptive electronic ankle monitor, which had not previously been required. Ms. Tehrani and Ms. Baheri successfully briefed the issue and obtained a further order requiring ICE to remove the ankle monitor.
Judge Klausner later granted a preliminary injunction and referred the case to Magistrate Judge Brianna Mircheff for further briefing on whether to grant the habeas petition in full and issue a permanent injunction. In its briefing, the government offered no defense for its unconstitutional detention of M.C. and instead argued only that the habeas petition was moot because the district court had already ordered his release. Ms. Tehrani and Ms. Baheri successfully opposed that argument, and Magistrate Judge Mircheff issued a report and recommendation recommending that the habeas petition be granted in full. The government then filed objections to the report and recommendation, renewing its mootness argument and raising two new jurisdictional arguments that it had not previously asserted. Ms. Tehrani and Ms. Baheri again successfully opposed those arguments.
On July 10, 2026, Judge Klausner issued an order adopting the report and recommendation in large part. The court entered judgment in M.C.’s and the KBK team’s favor and closed the case, giving him the peace of mind to continue pursuing asylum without fear that ICE may re-detain him absent due process.
“We are thrilled to play a role in securing this victory for our client and hopeful that this relief will allow him to recover from the trauma of his unlawful detention as he continues to pursue his asylum claim and help support his family,” said Ms. Tehrani on the case’s resolution. “The court’s order reaffirms that the Constitution’s guarantee of due process belongs to all of us, regardless of immigration status.”
KBK attorneys remain committed to community service and pro bono advocacy, including habeas matters referred by Public Counsel.
Additional information on prior rulings involving this case can be found here.