A federal judge has ordered the immediate release of an undocumented immigrant living in Riverside who was detained by U.S. Immigration and Customs Enforcement officials on his way to work, then held for weeks.
The ruling is the latest iteration of judicial pushback against ICE arrests in California. Since federal authorities have increased immigration enforcement throughout the country, some judges have challenged the arrests on constitutional grounds.
The most recent case involved Riverside resident Darwin Ortega Montufar, who has been living in the United States since 2021. He was arrested by ICE while going to work on April 4, 2026.
U.S. Magistrate Judge Joel Richlin noted in his April 24 judgement Montufar has no criminal record and had been in compliance with all ICE reporting obligations prior to his arrest. Montufar was also not engaged in unlawful activity when he was arrested, the judge wrote.
The case highlighted the legal standards ICE uses to detain immigrants. The Fifth Amendment of the U.S. Constitution requires the government to undergo due process before depriving individuals of their liberty.
Montufar was held “virtually incommunicado” for weeks after his arrest, the judge noted. He was denied contact with the outside world for the first three days of his incarceration and had only been permitted one 20-minute call with his attorney.
Few other details about Montufar or the case were available. Public access to the court files has been restricted either for privacy reasons or because the judge ordered the case sealed. The exact reason was not clear.
The circumstances of Montufar’s prior contact with ICE also were unclear. The judge wrote in his ruling that Montufar “appears to be on some form of release conditions by immigration authorities,” with no further details.
Richlin’s judgement relied on several other recent court cases which revolved around due process law. He ruled that Montufar’s arrest without a hearing violated his constitutional rights and that only his immediate release could restore his status prior to arrest.
Richlin also ordered that the government may not arrest Montufar again without a court hearing, at which it must show he is either a flight risk or a danger to the community before he can be detained again.
The ruling follows a trend in which judges have been increasingly likely to challenge ICE arrests.
In Washington state, judges found that over 100 immigrants had been held in violation of their due process rights, according to Investigate West, a nonprofit newsroom based in Seattle.
Even some undocumented immigrants who have been previously convicted of a crime have been released. In mid-April, an analysis by Politico found judges had ordered bond hearings or the release of more than 400 people with criminal records in ICE custody.
The rulings have come from judges appointed by every president since Ronald Reagan, including Donald Trump, Politico said. Despite some already being convicted of a crime, judges challenged their detentions on constitutional grounds.
In Montufar’s case, the judge ordered ICE must give him at least seven days notice before re-arresting him. He also must undergo a bond hearing before he is detained.
Sam Morgen covers the city of Palm Springs for The Desert Sun. Reach him at smorgen@gannett.com.
This article originally appeared on Palm Springs Desert Sun: Judge orders ICE to free Riverside man, calls arrest unconstitutional
Reporting by Sam Morgen, Palm Springs Desert Sun / Palm Springs Desert Sun
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