ANN ARBOR, MI - A federal judge wants an explanation from Immigration and Customs Enforcement on why a Haitian immigrant who came to the U.S. seeking asylum in 2016 has been kept behind bars for more than two years.

Haiti native Ansly Damus was granted asylum twice in immigration court in 2016 and 2017, but the government appealed both decisions and kept him behind bars without explanation, the The American Civil Liberties Union argues in a court filing seeking the man's release.

The ACLU argued in Ann Arbor federal court Wednesday, Nov. 28 that Damus' ongoing detention violates constitutional due process rights, asking U.S. District Judge Judith Levy to order him released.

Government lawyers denied any violation of due process, but Levy wants details.

She pressed the government to provide a factual basis for Damus' detention and the notion that he is a flight risk.

"Mr. Damus has constitutional rights in this country," Levy said. "No one told me what the factual basis is for the conclusion in ICE's opinion (that) he's a flight risk. I need to know why ICE is not satisfied."

Levy asked for a quick turnaround and recommended Damus stay in Michigan for 24 hours.

Damus had been lodged in a windowless room in Geauga County Safety Center in Chardon, Ohio since seeking asylum at a port of entry in Calexico, California in October 2016, according to the ACLU.

Damus was a teacher in Haiti and began facing trouble after criticizing a local government official in class, according to the ACLU's petition for writ of habeas corpus, filed in September.

Members of an armed gang, Damus claims, set his motorcycle on fire, beat him and threatened to kill him in retaliation.

Damus, who has a wife and two kids in Haiti, left 10 days later in September 2014, eventually arriving in Brazil in December that year and remaining for 18 months, according to the court filing. After fearing for his safety there due to Haitians being killed in hate crimes, the ACLU claims, Damus left in July 2016 to Calexico, California, where he sought asylum.

On Dec. 6, 2016, an asylum officer determined he had a "credible fear of persecution," according to the ACLU.

"Not all Americans agree with the administration's assault on our asylum system, ACLU attorney David Hausman said after the hearing. "We are hopeful that the judge will eventually order Mr. Damus' release. The court indicated it might hold another hearing in this case ... (and) that Damus has constitutional rights."

An ICE spokesperson declined to comment on the case.