Civil Procedure

The district court granted a § 2241 habeas petition and ordered immediate release because ICE arrested a person with a final removal order using the wrong type of warrant and without any evidence that he was likely to escape before a proper warrant could be obtained.

The Southern District of California granted a Honduran asylum seeker’s § 2241 petition, holding that revoking his parole and re-detaining him without individualized process violated the Fifth Amendment and ordering his immediate release under the prior conditions.

The Southern District of California granted a 28 U.S.C. § 2241 habeas petition and ordered the immediate release of a long-resident Mexican national with a pending VAWA adjustment application, holding that ICE’s warrantless re-detention of him without notice, reasons, or a pre-deprivation hear

The Southern District of California granted Ernesto Bautista Baluyot Jr.’s amended habeas petition, finding that his re-detention after release under ICE’s Alternatives to Detention program violated procedural due process and ordering his immediate release subject to his preexisting release conditio

A federal district court granted a habeas petitioner’s motion to enforce its prior judgment, ordered his immediate release after Respondents conceded they failed to schedule a court-ordered bond hearing, and enjoined re-detention unless the government provides advance notice and holds a bond h

An Eastern District of California magistrate judge recommended granting Wilfredo Castaneda Diaz’s habeas petition and ordering his immediate release, concluding that his re-detention without a pre-deprivation bond hearing violated due process.

A federal magistrate judge issues findings and recommendations to grant a habeas corpus petition and convert a preliminary injunction into a permanent injunction, finding that ICE’s re-detention of a noncitizen without a pre-deprivation bond hearing violated procedural due process rights under

The district court withdrew the magistrate-judge reference and denied a detained noncitizen’s § 2241 habeas petition as moot because his removal order became final when he did not appeal within the thirty-day window, shifting his detention authority from § 1226 to mandatory detention under § 1

A federal district court granted an immigration detainee’s habeas petition and ordered his immediate release, holding that his re-detention after parole without notice and a pre-deprivation hearing violated the Immigration and Nationality Act.

A magistrate judge recommended granting a Cuban detainee’s habeas petition and ordering his immediate release because the government failed to show his removal to Cuba or Mexico was reasonably foreseeable after detention exceeding six months.