Eastern District of California allows a civil detainee at DSH-Coalinga to proceed on his Fourteenth Amendment claim that the conditions of his confinement as a sexually violent predator are no less restrictive than those of prison inmates, while dismissing his challenge to the SVP treatment program
A magistrate judge in the Eastern District of California recommends granting in part a habeas corpus petition for a Mexican national detained at the Mesa Verde ICE Processing Center, holding that someone who has lived in the United States for over 20 years and was apprehended in the interior is not
Eastern District of California recommends denying a habeas corpus petition by a state prisoner serving 25 years to life, holding that the absence of clearly established Supreme Court law requiring a jury instruction on attempted criminal threats in a non-capital case forecloses federal habeas relief
Eastern District of California denies a motion to dismiss civil rights claims brought by a man who alleges Stanislaus County deputies broke his arm and deployed a police dog while he was surrendering, holding that the Heck v. Humphrey bar does not foreclose his Fourth Amendment excessive force claim
Eastern District of California denies a pro se commercial truck driver’s request for a temporary restraining order blocking the California DMV from cancelling his commercial driver’s license over his failure to produce proof of citizenship or lawful permanent resident status.
Eastern District of California rejects the federal government’s argument that the entry fiction doctrine and the older Barrera-Echavarria decision foreclose due process protections for noncitizens paroled into the country, ordering immediate release.
Eastern District of California issues a temporary restraining order requiring ICE to immediately release an Eritrean asylum-seeker re-detained at a routine check-in, holding the detention violated both the Immigration and Nationality Act and the Fifth Amendment’s Due Process Clause.
Eastern District of California grants preliminary injunction ordering immediate release of an asylum-seeker re-detained by ICE without a bond hearing, holding that the Due Process Clause required a pre-deprivation hearing.