The Eastern District of California granted Pedro-Mateo’s habeas petition and temporary-restraining-order motion, ordered his immediate release under his prior conditions, and required at least seven days’ notice and a neutral-arbiter bond hearing before any re-detention.
A federal magistrate judge recommended granting a § 2241 habeas petition and ordering the immediate release of an immigration detainee whom ICE re-arrested without a pre-deprivation hearing, finding the re-detention violated the Fifth Amendment’s Due Process Clause.
The Eastern District of California denied David Emanuel Choc-Choc’s habeas petition because his inadmissibility charges and pending New Jersey aggravated-assault charge satisfied the two conditions for mandatory detention under 8 U.S.C. § 1226(c)(1)(E).
Magistrate Judge Ila C. Deiss denied a pro se prisoner’s request for injunctive relief because he did not clearly show likely success on his preferred-surgery claims or irreparable harm from lacking an electronic tablet.
A California federal magistrate judge found triable disputes over whether five officers disregarded an obvious risk between two alleged attacks, while recommending judgment for the corrections director who administered the housing program.
The court granted Kimberley L.A.C. Marquard leave to proceed in forma pauperis but found that her complaint against more than 30 defendants was an impermissible shotgun pleading that failed to state a claim, giving her 30 days to amend.
The Eastern District of California granted an immigration detainee’s habeas petition and ordered a constitutionally adequate bond hearing within fourteen days, with immediate release if the hearing is not provided.
Screening Tracy Taylor’s removed prisoner complaint, a magistrate judge found four cognizable religious-freedom claims against Macomber and Arce, ordered those served defendants to respond within 45 days, and recommended—not ordered—dismissal of Macomber’s individual-capacity claims and
The Eastern District of California granted Walter Kevin Cavero Guarnizo’s habeas petition and ordered a bond hearing before a neutral decisionmaker within 14 days, holding that alleged violations of release conditions do not eliminate his due process right to a bond determination after re-dete
The Eastern District of California granted Rajinder Sidhu’s § 2241 petition and ordered his immediate release, concluding that his re-detention after more than three years on ATD supervision without prior notice and a hearing violated due process and that the government’s evidence did not justify th
The court granted Yennier Velazquez Almaguer’s habeas petition as to claim one and ordered a bond hearing before a neutral decisionmaker within ten days, with the government required to prove flight risk or dangerousness by clear and convincing evidence.
A federal magistrate judge recommends granting Eric Perez Sanchez’s § 2241 petition and ordering his immediate release, concluding that his pending BIA appeal keeps him under § 1226(a) and that more than eight months without the required detention process violated procedural due process.
The court granted the § 2241 petition in part, waived exhaustion because the administrative bond hearing placed the burden on the detainee rather than the government, held that re-detention without a pre-deprivation hearing violated due process, and ordered an individualized bond hearing within 14 d
A magistrate judge recommends granting a Cuban lawful permanent resident’s habeas petition and ordering his immediate release because his continued immigration detention exceeds the six-month regulatory maximum under 8 C.F.R. § 241.13(i)(1) after revocation of his order of supervision, and the
A federal magistrate judge recommended that a prisoner with three prior qualifying dismissals be ordered to pay the full $405 filing fee because his complaint about a past prison disciplinary placement did not allege imminent danger of serious physical injury.
The court dismissed without prejudice a first amended § 2241 petition challenging prolonged immigration detention under § 1226(a), holding that the record does not show the detention exceeds the period reasonably necessary to effectuate removal while BIA appeals on bond and removal are pending.
The court withdraws the reference to the magistrate judge, waives prudential exhaustion, denies the motion to dismiss, grants the habeas petition in part, and orders respondents to provide a bond hearing before an immigration judge within 14 days, with notice, counsel, and recording requirements, an
A magistrate judge recommends granting a § 2241 habeas petition and ordering the immediate release of a Nicaraguan national detained by ICE after his humanitarian parole expired, finding that his re-arrest without pre-deprivation notice and a bond hearing violated his Fifth Amendment due process rig
The court found the pro se § 2241 petition insufficient because the petitioner failed to allege when a removal order was entered, making it impossible to assess whether detention had become unconstitutionally prolonged; the court granted 30 days to amend and ordered the respondent not to transfer th
A magistrate judge recommends granting Juan Manuel Brito Morales’s habeas petition and ordering his immediate release because binding Ninth Circuit precedent places his interior immigration detention under § 1226(a), while separately denying his request for appointed counsel without prejudice.
The Eastern District of California granted an immigration detainee’s habeas petition and ordered his immediate release, holding that re-detention of a noncitizen previously released under 8 U.S.C. § 1226(a) without a bond hearing at which the government bears the burden of proof violates due p
A federal magistrate judge recommends dismissing a homeless plaintiff’s Second Amended Complaint without further leave to amend because it repeats the same defects identified in an earlier screening order and fails to state Section 1983 claims against officers or the county sheriff’s off
The court granted reconsideration of its partial-summary-judgment ruling, finding information about the incident-to rule material to probable cause but leaving deliberate omission and the affidavit’s overall effect for the jury.
The district court adopted the magistrate judge’s amended findings and recommendations, granted the habeas petition, and ordered the immediate release of petitioner Mateo Jose-Gomez from immigration custody with conditions, requiring a pre-deprivation bond hearing before any re-detention under