Judge Rules 15-Month ICE Detention of Polish Green Card Holder Violated Due Process

U.S. District Judge Karen K. Caldwell ruled on November 3, 2026, that Beata Siemionkowicz’s 15 months in ICE detention violated her constitutional rights. Siemionkowicz, a Polish Green Card holder, had been held at a Kentucky jail while facing removal.

Caldwell ordered an individualized bond hearing and required the government to justify continued detention with clear and convincing evidence. She found the length of confinement and the risk of an erroneous loss of liberty weighed in favor of a hearing.

A separate federal judge ordered Siemionkowicz released on bond on November 6, and Siemionkowicz left custody on November 10. The bond lets her pursue her immigration case from home; her removal case continues.

The ruling covers Siemionkowicz’s detention alone

Caldwell, of the U.S. District Court for the Eastern District of Kentucky, acted on a habeas petition filed in federal court in Covington. The petition named Campbell County Jailer James A. Daley and federal immigration officials. It asked for release or a new hearing.

The decision addressed Siemionkowicz’s detention, not every person held under mandatory detention rules. Caldwell ordered the government to arrange her hearing within seven days. The order also put the burden on the government to explain why she should remain locked up.

Caldwell weighed liberty, error risk and the government’s interest

The judge applied the three-part test from Mathews v. Eldridge: the individual’s interest in freedom, the chance that existing procedures could wrongly deprive her of liberty, and the government’s interest. Caldwell noted that a 2003 Supreme Court case described most such detentions as lasting less than 90 days. Siemionkowicz’s confinement had stretched far beyond that period.

The government argued that federal law required her detention because two theft offenses made her deportable, and that she had no statutory right to a bond hearing. It also maintained that her constitutional rights had not been violated. Caldwell accepted that the offenses made her deportable and that mandatory detention applied, but concluded that a hearing would not undermine the government’s interest.

Caldwell wrote:

“Finding that all three Mathews factors weigh in Siemionkowicz’s favor, the Court holds that her detention violates due process”

A separate bond decision brought release

The hearing Caldwell ordered and the later bond decision were separate steps. A federal judge ordered Siemionkowicz released on bond. Siemionkowicz’s daughters, Gabi and Claudia, picked her up from the Campbell County Detention Center in Kentucky on November 10.

Claudia described the family’s next step as a fight outside detention: “We are going to fight her case from the outside of these walls.” The bond decision allows Siemionkowicz to continue her immigration proceedings at home. It does not resolve the removal case.

Two old misdemeanor cases underpinned the detention

ICE arrested Siemionkowicz on August 2, 2025, outside her daughter’s home. The government cited two misdemeanor retail theft cases, from 2005 and 2011, as crimes involving moral turpitude. Court records described the cases as thefts involving less than $150 and less than $300, respectively.

She pleaded guilty in both cases. The petition said she received court supervision in the first and conditional discharge in the second. It also noted that court supervision is not a conviction under Illinois law but may count as one for immigration purposes. The petition said she had not been arrested or convicted of a crime in more than 15 years.

Immigration Judge Kelly Johnson denied an earlier bond request on August 26, 2025, finding Siemionkowicz had not shown she was not a flight risk. A DHS spokesperson separately said her green card was revoked after the convictions. ICE also alleged that she had forged documents to obtain immigration benefits in 2001; that was an agency allegation.

Her removal appeal continues as the government prepares a status report

Johnson later denied cancellation of removal and ordered Siemionkowicz removed to Poland. The order is dated December 9, 2025. Siemionkowicz’s appeal remains pending before the Board of Immigration Appeals.

Hirsh M. Joshi, an ACLU of Illinois staff attorney, said the ruling could have relevance for other people held under mandatory detention who seek hearings after prolonged confinement. The case does not give other detainees an automatic right to release; Caldwell ordered an individualized hearing for Siemionkowicz.

The government must file a status report by November 17, stating when the hearing took place, whether bond was granted and, if denied, the reasons. Siemionkowicz’s pending appeal remains the next step in her removal case.

This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.