Jerome Oshane Matt v. Chestnut — Record Did Not Support Habeas Release
The magistrate judge recommended denying habeas relief.
The magistrate judge recommended denying habeas relief.
The magistrate judge recommended immediate release and an injunction against renewed section 1226(a) detention without notice and a pre-deprivation bond hearing.
The magistrate judge recommended release under supervision.
The district court granted habeas relief and emergency relief, concluding that the government violated both its own supervision regulations and procedural due process.
The magistrate judge recommended a bond hearing within fourteen days, with advance notice and an opportunity to present evidence.
The magistrate judge recommended granting habeas relief through a prompt bond hearing rather than automatic release.
The district court granted the petition and ordered immediate release.
The magistrate judge recommended immediate release.
The magistrate judge recommended dismissal without prejudice.
The district court granted the petition and ordered immediate release.
The district court granted emergency and habeas relief, applied Ninth Circuit authority governing people apprehended inside the country, and ordered release.
The magistrate judge recommended denying federal habeas relief under the deferential standard governing state convictions.
The magistrate judge recommended dismissal with prejudice.
The district court dismissed the challenged claims with prejudice.
The district court dismissed the federal claims against the warden because generalized awareness of a drug problem and participation in policy discussions did not plausibly show personal action, deliberate indifference, or a causal connection to Soliz’s death.
The district court denied the temporary restraining order because the complaint and motion did not supply enough dates, correspondence, evidence, or legal analysis to show a likelihood of success.
The magistrate judge recommended granting relief and requiring release unless the government promptly proved, by clear and convincing evidence, that Ferrer posed a danger to the community or a flight risk. Counsel had to be permitted at any hearing.
The court affirmed the Commissioner. Normal respiratory and pulmonary examinations supplied substantial evidence for the ALJ’s functional assessment, and Nunn did not identify a concrete additional restriction that the record required.
The district court denied the motion to enforce. Its earlier order guaranteed a constitutionally adequate hearing, not a favorable bond result, and the record showed that the immigration judge applied the required burden and considered the evidence individually.
The magistrate judge recommended dismissal because detention of a little more than two months was not yet prolonged enough, on the presented record, to create the claimed due-process entitlement. Decisions involving eight, ten, or many more months did not establish the same conclusion for this early
The court ordered a prompt hearing under section 1226(a). At that hearing, the government must justify detention, and the immigration judge must consider financial circumstances and less restrictive alternatives if the petitioner is not shown to require detention.
The district court granted habeas relief. Evidence that Mexico generally would not accept third-country nationals without consent, coupled with the absence of an identified alternative destination, showed no significant likelihood of removal in the reasonably foreseeable future.
The court applied the first-to-file rule and stayed the California case. Although Apple identified plausible prejudice concerns, it did not show that a short stay while the Texas court decided a fully briefed dismissal motion would cause additional concrete harm.
The court rejected the broad attacks on standing, notice, and the theory that Clean Water Act and Resource Conservation and Recovery Act claims necessarily became Clean Air Act claims. Several core statutory and state-law theories survived.