A federal judge in Michigan has ruled that immigration authorities violated a man’s constitutional rights by detaining him for nearly 10 months without a bond hearing following a marijuana conviction, ordering the government to provide a hearing within five business days or immediately release him.
In a November 6 ruling, U.S. District Judge Paul L. Maloney of the Western District of Michigan found that the prolonged detention of Helio Farinas Wong, a Cuban national convicted of possession of marijuana with intent to distribute in 2017, violated the Fifth Amendment’s due process protections.
Farinas Wong entered the United States in March 2015 under immigration parole and was convicted of the marijuana offense on January 9, 2017. In June 2020, the Department of Homeland Security initiated removal proceedings against him, citing the controlled substance conviction and his lack of valid immigration documents.
Immigration and Customs Enforcement (ICE) arrested Farinas Wong on January 8, 2026. An immigration judge subsequently ordered his removal to Cuba on March 26, but he appealed the decision, and that appeal remains pending before the Board of Immigration Appeals.
Federal immigration officials argued that his marijuana conviction subjected him to mandatory detention under federal immigration law, meaning he was not entitled to a standard bond hearing. Farinas Wong challenged that position and argued that his continued confinement without an individualized assessment violated his constitutional rights.
Maloney determined that although the government could potentially rely on mandatory detention provisions, prolonged confinement without an opportunity to challenge the necessity of detention raises separate constitutional concerns.
The judge noted that Farinas Wong had been detained since January and that his confinement could continue indefinitely while his immigration appeal proceeds. Even if the appeal is denied, additional judicial review could extend his detention considerably.
The court also emphasized that immigration detention is intended to ensure that individuals attend removal proceedings and do not pose a danger to the community, rather than serve as punishment.
According to the ruling, an individualized bond hearing would allow an immigration judge to determine whether Farinas Wong presents a flight risk or danger to the public and whether those concerns could be addressed through conditions of release.
Maloney found that the government had not established a sufficient justification for denying such a hearing, particularly given the length of the detention and the uncertainty surrounding the removal proceedings.
The court concluded that his continued detention without an individualized determination of danger or flight risk violated his Fifth Amendment rights.
Under the order, immigration authorities must provide Farinas Wong with a bond hearing within five business days of November 6 or immediately release him from custody. The government must also submit a compliance report within six business days detailing whether the hearing occurred and whether bond was granted or denied.
The decision does not overturn Farinas Wong’s marijuana conviction or resolve his underlying immigration case. It also does not guarantee his release if an immigration judge determines that continued detention is warranted.
Instead, the ruling establishes that his nearly 10-month detention without an individualized bond hearing exceeded constitutional limits, even while the government continued pursuing removal proceedings based in part on his marijuana conviction.
