Asylum Seeker and Son Released as Judge Challenges Trump Administration's Detention Policies

Judge Fred Biery Grants Habeas Corpus, Criticizing Executive Overreach and Due Process Violations.

SAN ANTONIO, TX – U.S. District Judge Fred Biery has granted a petition for a writ of habeas corpus, leading to the release of Adrian Conejo Arias, an asylum seeker from Ecuador, and his five-year-old son, Liam. The father and son had been detained by ICE in Texas.

Constitutional Principles Asserted

Judge Biery's decision directly challenged the Trump administration's theory of executive power and its detention policies. The ruling emphasized that the government's actions potentially violated fundamental constitutional principles, including the Great Writ of habeas corpus.

In his order, the judge referenced historical documents such as the Magna Carta, Blackstone's commentaries, and the Declaration of Independence. He drew stark comparisons between grievances against King George III and the administration's conduct, highlighting a perceived disregard for established legal traditions.

Criticism of Administrative Warrants and Deportation Policies

The decision specifically criticized the administration's reliance on administrative warrants. Judge Biery asserted that these warrants do not meet Fourth Amendment probable cause requirements and necessitate the oversight of an independent judicial officer.

He further indicated that the government's deportation policies, particularly those involving children, demonstrated a profound disregard for due process and the rule of law.

The court concluded that the U.S. Constitution supersedes the administration's detention of the petitioners.

Broader Message on Constitutional Order

Judge Biery's order also incorporated references to Benjamin Franklin's famous quote about maintaining a republic and biblical verses (Matthew 19:14 and John 11:35). These additions suggested a broader message about upholding constitutional order and human decency in governmental actions.