Constitutional

A magistrate judge recommends granting a § 2241 habeas petition and ordering immediate release, holding that a noncitizen paroled into the United States retains a protected liberty interest even after parole expires, entitling him to an individualized hearing before re-detention.

The U.S. District Court for the Central District of California, through Magistrate Judge Sheri Pym, ordered that judgment be entered granting Jose Gerardo Avalos’s § 2241 petition, holding that his interior apprehension after entry without inspection placed him under 8 U.S.C. § 1226(a) and ent

A California federal judge granted a habeas petition in part and ordered ICE to release a South Korean national within 24 hours, finding her warrantless arrest and detention without a pre-deprivation hearing violated her Fifth Amendment due process rights despite her Visa Waiver Program overstay.

The court granted a Syrian national’s habeas petition in part and ordered his release on prior supervision conditions because ICE’s generic revocation notice and interview process did not satisfy its regulations.

A federal magistrate judge granted in part and denied in part a habeas petition, ordering a new immigration bond hearing for a detained Mexican citizen after finding that the immigration judge violated due process by placing the burden of proof on the detainee rather than requiring the government to

A magistrate judge recommends granting habeas relief to an immigration detainee who was re-detained without a bond hearing after living in the United States for over three years following her initial release, finding that the government violated both the Immigration and Nationality Act and her proce

The district court granted an immigration detainee’s habeas petition and ordered a constitutionally adequate bond hearing within fourteen days, with immediate release required if the hearing is not provided and a status report due within five days of the hearing.

The Eastern District of California granted Yurii Kosar’s habeas petition, holding that permitting him to remain in the country created a liberty interest requiring notice and a hearing before immigration detention, and ordered his immediate release with safeguards against re-detention.

The district court adopted the magistrate judge’s findings and recommendations in full, granted Edgar Antonio Tovar’s habeas petition on due process grounds, and ordered his immediate release from Respondents’ custody because his qualifying convictions had been vacated under Califo

The Eastern District of California granted a noncitizen’s habeas petition and ordered his immediate release, finding that ICE detained him without the custody determination, notice, and hearing required by the Constitution and 8 U.S.C. § 1226(a).