Venezuelan Migrant Freed After 7 Months in ICE Detention

Ruling finds authorities violated detainee's constitutional rights

Published on Feb. 10, 2026

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A Venezuelan migrant named Joswar Torres, 29, has been released from ICE custody in Washington state after a federal judge ruled that his constitutional rights were violated during his 7-month detention. Torres had humanitarian parole and a pending asylum application when he was detained during a routine check-in, sparking a protest that led to 30 arrests.

Why it matters

The case highlights ongoing legal challenges to ICE detention practices, with over 17,000 habeas corpus petitions filed in federal court during the Trump administration's second term. The ruling could influence future cases and the Biden administration's approach to immigration enforcement.

The details

Torres was detained in June 2025 during a routine check-in at a Department of Homeland Security office in Spokane, Washington, despite having humanitarian parole and a pending asylum application. Protesters attempted to block an ICE transport carrying Torres and another migrant to Tacoma, resulting in 30 arrests and some property damage. Federal prosecutors later brought conspiracy charges against 9 demonstrators.

  • Torres was detained in June 2025.
  • The protest occurred shortly after Torres's detention.
  • The federal judge ruled on Torres's case in February 2026.

The players

Joswar Torres

A 29-year-old Venezuelan migrant who was detained by ICE for 7 months despite having humanitarian parole and a pending asylum application.

Judge James Robart

A George W. Bush-appointed US district court judge who ruled that Torres's detention was an abuse of discretion and violated his due process rights.

Richard Barker

The acting US attorney for eastern Washington state who resigned rather than sign indictments against protesters involved in the demonstration over Torres's detention.

Brian McGoldrick

An immigration attorney who stated that the government's argument that the court lacked authority to review the case is one "they make in every case and they almost always lose."

Bajun Mavalwalla

An Afghanistan war veteran charged with conspiracy related to the protest, facing up to 6 years in prison.

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What they’re saying

“No one was hurt...You have people who were executing their rights to free speech.”

— Richard Barker, Acting US Attorney for Eastern Washington State

“They make in every case and they almost always lose.”

— Brian McGoldrick, Immigration Attorney

What’s next

The Justice Department continues to pursue a prison sentence for Bajun Mavalwalla, with his trial scheduled for May 18th in Spokane. Further legal challenges to ICE detention practices could emerge, potentially leading to additional rulings on due process rights.

The takeaway

This case highlights the ongoing legal battles over immigration enforcement and the role of community activism in shaping policy outcomes. The ruling in favor of Torres underscores concerns over due process rights in ICE detentions, which could influence future cases and the Biden administration's approach to immigration issues.