Judge Orders Release of Cuban Detained by ICE: The Missing Document All Immigrants Should Check For

In a significant ruling, a federal court in Kentucky has mandated the immediate release of a Cuban national who had been held by the U.S. Immigration and Customs Enforcement (ICE) for nearly six months. The court found that his detention violated his constitutional rights, particularly due to ICE's failure to provide him with Form I-286 at the time of his arrest.

The decision, issued by Judge Rebecca Grady Jennings of the District Court for the Western District of Kentucky on November 10, presents arguments that could be applicable in similar cases involving other Cubans detained by ICE.

This case concerns Damichel Jesús Viamontes Castellano, referred to as D.J.V.C. in court documents. Originally from Cuba, he was apprehended by the Texas Border Patrol in 2022, received a Notice to Appear, and was released on his own recognizance.

In May 2026, ICE launched an operation targeting him due to charges of driving under the influence and reckless driving filed in February 2025. Despite never being convicted, he completed all required counseling programs.

On May 19, ICE arrested him, revoked his release, and transferred him to the Oldham County Detention Center in La Grange, Kentucky. He was given Forms I-862, I-200, and I-826, but not the critical I-286. On July 28, an immigration judge ordered his deportation to Cuba. His appeal with the Board of Immigration Appeals (BIA) was still pending at the time of the judgment, rendering the deportation order non-final.

The Significance of Form I-286

Form I-286, known as the Notice of Custody Determination, is a regulatory document that ICE is required to provide when detaining someone under section 1226(a) of the Immigration Act. This form is crucial because it allows the detainee to request a bond hearing before an immigration judge. Without it, individuals can remain detained without knowledge of this right.

When the court requested D.J.V.C.'s I-286, the government failed to produce it. Judge Jennings concluded that the form simply doesn't exist, indicating that ICE never conducted the individualized custody assessment mandated by federal regulations.

The judge dismissed the government's argument that the detainee should exhaust administrative remedies first. In her resolution, she stated, “It would be unjust and absurd to require Castellano to exhaust an administrative process that the defendants themselves did not follow.”

The defense also argued that D.J.V.C. had been held for over 120 days without any neutral judicial review of his detention, a situation the court found detrimental to his constitutional rights.

Additionally, the judge ruled that due process requires the government—not the detainee, as BIA precedent suggests—to bear the burden of proof with clear and convincing evidence in bond hearings. If ICE re-arrests D.J.V.C. without a significant change in circumstances, a hearing must be held with this burden of proof inverted.

In her analysis, the judge noted personal factors, including that D.J.V.C. is the father of a U.S. citizen born in Louisville in 2024, his mother is a lawful permanent resident with an approved I-130 petition, and he operates an active construction business in Kentucky.

Essential Checks for Cubans Detained with I-220A

While this ruling was issued by a federal court in Kentucky within the Sixth Circuit, and does not bind judges in Florida, the argument regarding I-286 could be invoked in habeas corpus petitions by Cubans detained in Krome, Broward, or the facility known as “Alligator Alcatraz,” depending on the specifics of each case. Notably, the Eleventh Circuit recognized in May 2026 the right to a bond hearing under §1226(a) for detainees within the country.

For any family member detained with I-220A, it’s crucial to verify whether ICE provided all necessary forms at the time of arrest: the I-200 (warrant of arrest), the I-826 (notice of rights), and critically, the I-286. If the I-286 is missing, this could be a significant point for legally challenging the detention via a habeas corpus petition in federal court, contingent on the circumstances and applicable legal framework.

The situation can vary significantly based on the location of detention. The Fifth Circuit, encompassing Texas, Louisiana, and Mississippi—where ICE's largest detention infrastructure is located—ruled on October 23, 2026, that certain immigrants without formal admission do not have an automatic constitutional right to a bond hearing, closing that legal avenue for many detainees in the region. Experts emphasize the importance of consulting an immigration attorney immediately upon any arrest.