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Well, once at the time he was originally arrested/detained. This is why if you're traveling through a foreign country you're supposed to keep your passport and/or visa on your person.
If he had documentation proving his right to be there with him and they still arrested him (sans evidence of another crime) then I agree that is a due process violation.
I don't think people would complain too harshly if an American citizen got arrested abroad b/c they lacked sufficient identification, and needed to call up the embassy to verify their identity and entitlement to presence in the country to get released, though.
And that would be his second chance to present evidence, when there's some hearing via either the U.S. or his home country to show proof of his status and/or disprove the basis for his detention so as to obtain release from custody.
And if he's an American citizen, then what? Is ICE just supposed to take his word for it?
Well, that's kind of the point, isn't it? In the present case the government is arguing that he isn't entitled to any hearing, even though they admit that he shouldn't have been removed. The whole process is designed to be impossible to challenge.
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