Kentucky court orders release of Cuban detainee over procedural violation

A federal court in Kentucky ordered the immediate release of Damichel Jesús Viamontes Castellano, a Cuban citizen who had been held by Immigration and Customs Enforcement (ICE) for nearly six months.

Judge Rebecca Grady Jennings ruled that the detention violated his constitutional rights because authorities failed to provide him with a specific required document at the time of his arrest. The government arrested Castellano in May 2026 following charges of reckless driving and driving under the influence.

Although he completed all required counseling and was never convicted, ICE revoked his previous release and moved him to the Oldham County Detention Center in La Grange, Kentucky. During this process, officials provided several forms to the detainee but omitted the I-286 form, which serves as the Notice of Initial Custody Determination. Judge Jennings found that the absence of the I-286 form meant the government did not conduct the individualized custody assessment required by federal regulations.

This document is essential because it allows a detainee to request a bail hearing before an immigration judge. The judge also noted that Castellano had spent more than 120 days without a neutral judicial review of his detention. The court considered personal factors such as Castellano's role as the father of a U.S. citizen born in 2024 and his operation of a construction business in Kentucky.

While this ruling does not bind judges in other regions like Florida, legal experts suggest the missing I-286 form could be used as a basis for habeas corpus petitions in other jurisdictions.