Judge Orders Release of Colombian Man from ICE Custody Over Due Process Violation

A federal judge in New Jersey has ordered the release of Marlon Andres Torres Gomez, a Colombian man, from Immigration and Customs Enforcement (ICE) custody. The decision highlights a breach of due process rights after ICE prevented him from leaving the United States despite a voluntary departure order.

U.S. District Judge Michael Farbiarz issued a six-page order detailing that Torres Gomez was prepared to depart the U.S. before a June 11 deadline set by an immigration judge. Torres Gomez’s prolonged detention led to criticisms of ICE’s actions, amidst wider judicial scrutiny of the agency’s detainee treatment practices.

The order filed in court exposes how Torres Gomez’s plan to leave failed due to ICE’s refusal to release him, despite his purchase of a ticket to Colombia for June 10. Following the passed deadline, ICE argued that, because he had not departed, Torres Gomez faced mandatory detention.

Farbiarz’s ruling refutes the government’s justifications for detention. The judge stated that Torres Gomez’s inability to comply with the court’s order stemmed from ICE’s actions, which hindered him from boarding the departure flight.

ICE’s argument included three theories: prior injunctions, an offer to extend a voluntary departure period made after the deadline, and the need to protect Torres Gomez’s appeal rights. However, Farbiarz dismissed these explanations, emphasizing a lack of evidence for detaining Torres Gomez after the original deadline.

“Detention has prevented the Petitioner from complying with the immigration judge’s order,” judge Farbiarz wrote.

In recent months, judicial scrutiny has increased concerning the Trump administration’s ICE detention policies. POLITICO reports over 10,000 cases challenged detention practices, frequently resulting in rulings against ICE under the mandatory detention policy.

Judge Farbiarz referred to the Supreme Court’s 2025 decision in Monsalvo v. Bondi, which states voluntary departure periods nullify detention once the noncitizen intends to leave. He concluded this did not apply, as ICE blocked Torres Gomez’s planned departure.

The judge ordered that Torres Gomez be released swiftly. While the decision expects he will pursue voluntary departure upon release, Farbiarz did not address whether ICE could detain him again if he remains in the U.S. post-release.

The case underscores ongoing judicial challenges to migrant detention practices. Newsweek, seeking comment, has reached out to both the Department of Homeland Security and Torres Gomez’s legal representation.