A federal judge in Nevada has issued a blistering rebuke of the Trump administration, ordering the immediate removal of surveillance measures imposed on a Nicaraguan asylum seeker who was previously tortured in his home country.
In a three-page order, U.S. District Judge Richard Franklin Boulware II vacated all release conditions for Kevin Eliel Aguirre Solis, characterizing Immigration and Customs Enforcement (ICE) tactics as an attempt to “terrorize” the petitioner into surrendering his legal rights.
Judicial Intervention Against ‘Arbitrary Detention’
The ruling is the latest in a series of judicial defeats for a revamped Department of Homeland Security (DHS) detention regime. Since mid-2025, federal courts have increasingly blocked efforts by the administration to expand “mandatory detention” categories for immigrants.
Judge Boulware, an Obama appointee, had previously ordered Aguirre Solis’s “immediate release” in February after finding the government violated his due process rights. Aguirre Solis, who entered the U.S. in 2020 fleeing political persecution, had been held for eight months despite no evidence of being a flight risk or a danger to the community.
Allegations of Coercion and Harassment
Despite the initial release order, ICE officials unilaterally imposed “Alternatives to Detention” (ATD) requirements, including:
- 24/7 electronic surveillance via an ankle monitor.
- Strict nightly curfews.
- Mandatory check-ins every two weeks.
- Threat of summary re-arrest without a hearing.
“The government has no constitutionally recognized justification for these conditions,” Boulware wrote. “The circumstances here suggest ICE is wielding these coercive conditions to terrorize Petitioner into abdicating his rights.”
Background of the Case
Aguirre Solis’s legal troubles began in June 2025 following a traffic stop in North Las Vegas. Officers mistook his physical shaking—a documented PTSD response to police presence stemming from his torture by Nicaraguan authorities—as signs of impairment. Despite posting bond on misdemeanor charges, ICE took him into custody under “expedited removal” protocols.
The court found that ICE “knowingly and unlawfully” bypassed standard procedural protections, noting that Aguirre Solis had been in the country since 2020 and was legally entitled to full removal proceedings.
Broader Legal Implications
Judge Boulware noted that this case is part of a “rapidly growing number” of challenges to the administration’s immigration policies. To date, the court has granted relief in over 60 similar cases where ICE attempted to bypass statutory protections.
The Department of Justice failed to file an opposition to the petitioner’s latest motion, leading the court to adopt Aguirre Solis’s factual assertions in their entirety. The judge has now enjoined ICE from imposing any further conditions without express judicial consent.
A joint status report from both parties is due by March 27, 2026.
