U.S. Border Patrol detained Spokane asylum-seeker and his 10-year-old daughter, held them a month at Texas facility
U.S. Border Patrol agents detained Guatemalan asylum-seeker Arnoldo Tiul Caal and his 10-year-old daughter Karla Tiul Baltazar in Spokane, Washington, on January 10, 2026, a day after first stopping and questioning him, despite his ongoing asylum case and clean record. The pair, who had lived in Spokane since 2019, were held roughly a month at the Dilley, Texas immigration processing center -- where Karla ran a fever and vomited -- before the Department of Homeland Security released them on February 6 without contesting a due-process habeas petition alleging DHS had violated its own regulations.
Actors
On January 10, 2026, Border Patrol agents detained Arnoldo Tiul Caal and his 10-year-old daughter, Karla Tiul Baltazar, when the pair returned to the Border Patrol's Spokane, Washington office as directed, and transported them to the Dilley Immigration Processing Center in Dilley, Texas, where they were held for roughly a month. The detention followed an initial stop the morning before: agents stopped Tiul Caal shortly after he dropped Karla off at Logan Elementary School, held him for three hours at the Border Patrol's Spokane sector office, then released him to retrieve Karla from school and directed him to return the next day. According to family volunteer Olga Lucia Herrera, agents pressured him to sign voluntary-departure paperwork and threatened to separate him from his daughter if he did not comply.
Tiul Caal, who is originally from Guatemala and had lived in Spokane since 2019, had an active asylum case, a valid work permit and Social Security number, and no criminal record. At a December 3, 2025 hearing, he had been told his next court date would not be until 2027. U.S. Customs and Border Protection later said the arrest followed a series of missed check-ins with ICE's Alternatives to Detention program, including a termination from that program in July 2025 for missed check-ins. Herrera disputed that the check-in requirements had been adequately explained, citing language barriers -- Tiul Caal's first language is the Mayan language Q'eqchi' -- and unreliable phone service.
While detained at Dilley, Karla ran a fever and vomited; Herrera said the facility, the subject of multiple lawsuits over food and medical care, may have contributed. Texas immigration attorney Dan Gividen took the case pro bono and filed a habeas corpus petition arguing DHS had violated its own regulations in detaining the family.
Updates
2026-02-06 — DHS released Tiul Caal and Karla without contesting habeas petition [3]
DHS released Tiul Caal and Karla from custody on February 6, 2026, without litigating Gividen's habeas petition. Gividen said the government's decision not to fight the petition amounted to an acknowledgment of the due-process problem: "We are not going to fight this one. We are letting them go." The court's ruling on the petition remains under seal. The pair returned to Spokane the following night.
Why we recorded this
Habeas corpus exists as the last-resort check on unlawful detention, and due process requires that people actively complying with an ongoing asylum case not be seized without cause. Arnoldo Tiul Caal had lived in Spokane for six years with no criminal record and an active asylum case, and had just been told at a court hearing that his next date wasn't until 2027, when Border Patrol detained him and his 10-year-old daughter and held them a month in Texas custody. DHS's choice not to contest the family's habeas petition, rather than defend the detention in court, reads as an acknowledgment that the seizure could not withstand judicial review.
Sources
- Border patrol detains 10-year-old Spokane girl and her dad, sends them to Texas detention center — The Spokesman-Review primary accessed August 19, 2026
- Border Patrol alleges missed check-ins led to arrest of 10-year-old Spokane girl and her father — The Spokesman-Review primary accessed August 19, 2026
- Father and 10-year-old daughter released from ICE custody in Texas; pair returns to Spokane — The Spokesman-Review primary accessed August 19, 2026
See also
- ICE deported Brian Morales Garcia, who says he is a U.S. citizen, to Mexico after a Texas traffic stop
- ICE detained 10-year-old Elizabeth Zuna Caisaguano and her mother on the way to school and held them a month at Dilley, Texas
- ICE arrested NYC Council employee Rafael Rubio at a routine asylum interview and detained him 158 days despite his valid TPS
- ICE breaks into St. Paul home in armed warrantless raid, detains six including a 12-year-old flown to Texas
- U.S. Border Patrol detained Gresham, Oregon family, including 7-year-old, in Portland hospital parking lot; held past Flores limit
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