A federal judge in Nevada has ruled that ICE imposed unlawful coercive conditions on Kevin Eliel Aguirre Solis, a Nicaraguan asylum seeker previously tortured in his home country. The order vacates requirements like an ankle monitor and curfew, citing violations of his due process rights. This follows his release from detention after a successful habeas corpus petition.
Kevin Eliel Aguirre Solis entered the United States in 2020, fleeing political persecution and torture by Nicaraguan authorities for participating in peaceful protests against changes to the national pension system. He had minor infractions, including a parking ticket and a speeding ticket, but complied with the law otherwise, according to court records from U.S. District Judge Richard Franklin Boulware II in Nevada, an Obama appointee. In June 2025, North Las Vegas police pulled him over; he was charged with four misdemeanors—driving under the influence, headlamps not illuminated, failure to yield to an emergency vehicle, and failure to provide proof of insurance—after appearing shaken and sweating, symptoms linked to his prior trauma. Despite posting bond, ICE initiated expedited removal proceedings, which the judge later deemed erroneous given his presence in the country since 2020, entitling him to standard removal protections under the Immigration and Nationality Act (INA). Petitioners' attorneys filed a habeas corpus petition in January, which Boulware granted promptly, ordering immediate release on personal recognizance. The court noted this as one of over 60 similar challenges it had addressed. Post-release, ICE and DHS imposed conditions including enrollment in an Alternatives to Detention (ATD) program, 24/7 electronic ankle monitoring, a curfew, biweekly ICE office appearances, and the threat of re-detention without a hearing. In a recent three-page enforcement order, Boulware found these 'coercive conditions to terrorize' violated the release order and due process rights, as the government provided no evidence of flight risk or danger. 'The government has no constitutionally recognized justification for these conditions,' the judge wrote, vacating them, ordering ankle monitor removal, enjoining new conditions without consent, and requiring a joint status report by March 27.
