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 judge found that ICE violated Torres Gomez’s due process rights by preventing him from leaving the United States under a voluntary departure order. The agency argued he could be detained because he had not departed by the court-imposed deadline.

U.S. District Judge Michael Farbiarz issued a six-page order detailing how Torres Gomez was ready to leave the country before the June 11 deadline set by an immigration judge, but ICE kept him detained. The order highlights a growing number of judicial criticisms directed at ICE and the administration regarding the treatment of detainees. The Department of Homeland Security (DHS) often dismisses these decisions as being made by “activist judges.”

The court’s decision is a setback for the administration’s handling of Torres Gomez’s case. ICE prevented him from complying with the voluntary departure order, then used that non-compliance as grounds for his continued detention.

On May 12, an immigration judge allowed Torres Gomez to voluntarily depart the U.S. instead of facing formal removal. This “self-deportation” process includes financial incentives for those who choose to leave voluntarily. Torres Gomez was supposed to leave by June 11.

According to court records, Torres Gomez tried to coordinate his departure with ICE before the deadline. His attorney contacted immigration officials multiple times, emphasizing the need for his departure assistance. Torres Gomez even bought a one-way ticket from New York to Colombia for June 10.

After June 11 passed without him leaving the country, the government claimed he was subject to a removal order and mandatory detention under federal immigration law. Judge Farbiarz rejected these claims, ruling Torres Gomez could not leave due to ICE keeping him detained.

Judge Farbiarz stated that Torres Gomez’s continued detention after June 11 lacked due process, violating constitutional protections. The judge rejected several government explanations for his detention, including potential injunctions from past habeas cases, a late offer to extend the departure period, and the argument of preserving Torres Gomez’s appeal rights.

The ruling reflects growing judicial scrutiny over ICE’s detention policies. Federal judges have ruled against ICE practices in over 10,000 cases, according to POLITICO.

Judge Farbiarz based his ruling partly on the Supreme Court’s 2025 Monsalvo v. Bondi decision, which stipulates that when voluntary departure is granted, detention hinges on the noncitizen remaining after the departure period ends. This principle did not apply to Torres Gomez since ICE prevented him from leaving.

The court emphasized that government conduct creating a due process violation cannot justify mandatory detention. Torres Gomez has been ordered “promptly released” from custody. It is assumed he will take steps to leave the country voluntarily.

Judge Farbiarz’s filings noted that an immigration judge had previously determined Torres Gomez was not a community danger concerning his bond status. This point was undisputed in the case.