An Iowa man who claims he is being held in jail while facing deportation, without the opportunity to argue for release on bond, is suing county and federal officials for alleged violations of his due process rights.
The lawsuit, filed in U.S. District Court for the Northern District of Iowa, alleges the actions of federal immigration officials violate “the due process rights owed to thousands of immigration respondents across the country.”
In November 2024, 29-year-old Yeison Antonio Lopez Lopez was arrested in Woodbury County and charged with identity theft. At the time, police alleged he had paid someone to create a fraudulent driver’s license and Social Security card.
In court filings, police said they arrested Lopez Lopez as he was applying for employment “hoping to work under the false name and identification and receive benefits under the assumed name.” Court records indicate Lopez Lopez had been working as a roofer in Iowa.
In May 2025, Lopez Lopez pleaded guilty to a misdemeanor charge of possession of a fictitious license. In June 2025, he was sentenced to 180 days in the Woodbury County Jail, with all but 170 days of that sentence suspended. He was also placed on probation for one year and fined $430.
A few weeks later, a warrant was issued for his arrest, alleging he had violated the terms of his probation by failing to contact the Iowa Department of Corrections. Days later, with Lopez Lopez in the county jail, prosecutors filed a motion to dismiss the probation-violation charge.
In the meantime, however, agents from Immigration and Customs Enforcement had arrested Lopez Lopez, placing him in what’s called “immigration custody.”
According to the lawsuit recently filed by his attorneys, Lopez Lopez then requested a bond hearing in front of an immigration judge. The judge rejected the request, citing a lack of jurisdiction based upon her agreement with the U.S. Department of Homeland Security’s latest interpretation of the Immigration and Nationality Act.
The lawsuit argues that the judge’s decision amounts to “an unconstitutional denial of Mr. Lopez Lopez’s liberty,” and to “unlawful detention.”
Lawsuit: Man has lived in Iowa for almost 13 years
In the petition filed in Lopez Lopez’s behalf, attorney Christopher Roth argues the courts have ruled that the Fifth Amendment — which shields people from being deprived of their liberty without due process — protects everyone in the United States, including noncitizens facing deportation proceedings.
Roth also argues that immigration court records show Lopez Lopez is neither a flight risk nor a danger to the community, but that without a bond hearing he cannot make that argument and seek release on bond while the immigration case is pending.
“Mr. Lopez Lopez is a longtime Iowa resident with deep family and community ties, no serious criminal history, and clear eligibility for custody review,” Roth argues in asking that a federal judge assume jurisdiction over the matter.
The lawsuit seeks a preliminary injunction and temporary restraining order that either calls for the immediate release of Lopez Lopez while his immigration case is pending or directs the U.S. Department of Justice, ICE and Homeland Security to approve a bond hearing in the matter.
Such an injunction, Roth claims, is “in the public interest because it will prevent these agencies from repeating such unlawful actions in the future” and will protect the due process rights of thousands of immigrants.
According to the lawsuit, Lopez Lopez has now been detained for more than a month and a half — “separated from his sick mother, partner, and child” — while in jail and with no opportunity to argue for his release on bond.
Roth said Tuesday that for years, the usual practice in cases of individuals accused of entering the country illegally had been to at least grant them a hearing on a request for bond. Now, he said, the practice is to deny any request for a bond hearing.
As a result, Roth said, people are being held in jails, without the opportunity to argue for release, for “anywhere from a few weeks to a few months and sometimes longer.”
The lawsuit alleges that Lopez Lopez has lived in Iowa for nearly 13 years and poses no danger to the public. A check of Iowa court records indicates the most serious charge he has faced in state court has been the 2024 identity theft offense.
Named as defendants in the lawsuit are Woodbury County Sheriff Chad Sheehan; Peter Berg, the director of ICE’s St. Paul field office; Todd Lyons, acting director of ICE; Kristi Noem, the head of the U.S. Department of Homeland Security; U.S. Attorney General Pamela Bondi, and President Donald Trump.
The defendants in the case have yet to file a response to the lawsuit.
Clark Kauffman is deputy editor of Iowa Capital Dispatch, where this story first appeared.
