Friday, September 11, 2026

Court orders ICE to release Nigerian who entered U.S. illegally in 2003 from deportation detention

Mr Egbele’s immigration woes first began in 2012 after he was arrested for a drug offence.

• February 23, 2026
ICE making arrests
ICE making arrests [credit ; ICE]

A district court in Minnesota has ordered Immigration and Customs Enforcement to release Michael Opeoluwa Egbele, an illegal Nigerian immigrant who entered the U.S. in 2003 and was arrested for a drug offence in 2012.

Senior U.S. District Judge John M. Gerrard on Wednesday gave immigration authorities until February 20 to free Mr Egbele and file a status report confirming his release, ruling that ICE lacked any legal grounds to keep him in custody given the peculiar circumstances surrounding his detention.

Mr Egbele’s immigration woes first began in 2012 after he was arrested for a drug offence and subsequently charged in court, where prosecutors initiated proceedings for his deportation. The Nigerian, at the time, applied for asylum and asked the court to withhold his deportation.

An immigration judge denied his asylum request and ordered his removal from the U.S. in July 2012. But ICE neither enforced the removal order nor did Mr Egbele appeal the decision.

Instead, he reached an understanding with the U.S. government that led to his release “on supervision” in December 2012. Under the terms of that arrangement, he was required to attend regular check-ins with ICE.

The arrangement ran smoothly for more than a decade until January 2026, when ICE detained Mr Egbele during a routine check-in appointment.

In between detention transfers out of state, the Nigerian petitioned the U.S. court for the district of Minnesota, arguing that he was not “notified of any purported revocation of his [order of supervision] or of an interview”, and ICE “did not provide any explanation for the purported revocation of (his order of supervision)”.

ICE contended that Mr Egbele’s order of supervision was revoked partly due to “failure to obtain or attempt to obtain a travel document to Nigeria, as required”.

Following his arrest, Mr Egbele was unable to contact his wife or lawyer immediately. It was not until around February 13 that ICE allowed him to make a brief phone call.

The Nigerian informed his wife, a U.S. citizen, that he had been detained and was being transferred out of Minnesota to another holding facility, though he was not told where. For days, his wife and lawyer were unable to locate him, as ICE did not disclose his whereabouts.

Mrs Egbele later learned from another detainee that her husband had been held at an ICE facility in Montana before being transferred again. She would only discover much later that he had been moved to another detention centre in New Mexico.

President Donald Trump’s administration insisted that Mr Egbele’s detention was “lawful” and contended that the district court in Minnesota lacked any jurisdiction, given that the Nigerian was held at an ICE facility in New Mexico.

The judge dismissed the prosecutor’s argument as lacking any substance, given ICE’s failure to expel Mr Egbele since 2012 when the court issued his final removal order.

The judge held that ICE could not abruptly back out of a decades-long arrangement to enforce a 15-year-old deportation order without demonstrating any breach of the conditions of Mr Egbele’s supervised release.

He restated that Mr Egbele’s release on supervision entitled him to due process, including proper notice of any revocation of the pre-existing order before he could be lawfully detained.

“Nothing in the brief even attempts to identify any change in circumstances that would warrant detention,” the judge stated.

Consequently, the judge ruled that Mr Egbele’s detention was “unlawful”.

“The government shall immediately release the petitioner from custody subject to and in accordance with the conditions in his preexisting Order of Supervision,” the judge ruled on February 18. No later than February 20, 2026, the government shall file a status report certifying compliance with this order,” the judge added.

We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.

More from Peoples Gazette

farmers

Agriculture

FG tasks ECOWAS on leveraging financing strategies for agroecology

The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Katsina State

Politics

Katsina youths pledge to deliver over 2 million votes to Atiku

“Katsina State is Atiku’s political base because it is his second home.”

HAUL OF DRUGS

States

Navy ‌arrests three suspected drug traffickers on River Niger

Three suspected drug traffickers were arrested, and 71kg of substance suspected to be cannabis was intercepted during a riverine patrol.

Heaps of refuse

Abuja

Environmental council tasks Nigerians on sanitation, personal hygiene

EHCON has urged Nigerians to prioritise environmental sanitation, personal hygiene and other preventive measures to reduce the burden of disease transmission.

APC LOGO

States

2027: Adamawa APC stakeholders pledge support for Tinubu, others

Federal government appointees and APC stakeholders from Adamawa State pledged to support President Bola Tinubu and other party candidates in 2027.

Nigerian Journalists used to illustrate the story

Rights

IRISE urges journalists to reshape SRHR narratives through ethical reporting

IRISE, on Friday urged journalists to produce insightful and evidence-driven reports on Sexual and Reproductive Health and Rights.

APC women

Lagos

Lagos ‌APC women promise one million votes for Tinubu, Hamzat

The women’s wing of the All Progressives Congress in Lagos has vowed to mobilise no fewer than one million women’s votes for President Bola Tinubu and Obafemi Hamzat in 2027.

PRISON INMATES

Rights

NCoS, I’SHIELD sensitise Kano inmates to moral values, character development

NCoS and I’SHIELD has sensitised inmates to moral values and character development.