Constitutional

A Southern District of California judge granted a habeas petition, holding that California Penal Code § 273a(a) is not a crime that results in death or serious bodily injury under the Laken Riley Act and that re-detaining a former parolee without notice or a hearing violated due process.

A Southern District of California judge granted an unopposed habeas petition by a Cuban parolee detained by ICE, ordering his immediate release subject to his existing parole and requiring an immigration-judge hearing before any re-detention.

A Southern District of California judge granted an unopposed amended habeas petition, ordered a paroled asylum applicant released, and required notice and a neutral hearing, with the burden on the government, before any re-detention.

A Southern District of California judge granted an unopposed habeas petition, ordered a paroled noncitizen released, and required notice and a hearing, with the burden on the government, before any re-detention.

A Southern District of California judge granted an unopposed habeas petition, ordering a Nicaraguan humanitarian parolee released and requiring notice and a neutral hearing, with the government bearing a clear and convincing burden, before any re-detention.

A Southern District of California judge granted a habeas petition under 28 U.S.C. § 2241 and ordered the immediate release of a noncitizen previously released on humanitarian parole, relying on the court’s earlier rulings that a prior grant of release creates a liberty interest protected by pr

A Southern District of California judge conditionally appointed Federal Defenders of San Diego, Inc., for a pro se immigration detainee’s habeas petition, subject to a financial affidavit, and directed that he not be removed from the District while the petition is pending.

A Southern District of California judge conditionally appointed Federal Defenders of San Diego to represent a detainee who filed a pro se § 2241 petition alleging detention without due process, and directed that he not be removed from the district while the court retains the matter.

A Central District of California magistrate judge denied habeas release based on arrest-related claims but ordered a new bond hearing within 10 days because the immigration judge placed the burden of proof on the detainee rather than the government.

A Central District of California magistrate judge granted an immigration habeas petition in part, ordering a bond hearing within seven days of judgment at which the government must prove danger or flight risk by clear and convincing evidence, while denying release based on the Fourth Amendment and s

A magistrate judge granted a habeas petition on procedural due process grounds, ordered an asylum-seeking visa overstayer released from ICE custody, and barred re-detention without a pre-detention hearing at which the government bears a clear and convincing burden.

A Central District of California magistrate judge granted an immigration detainee’s habeas petition and ordered his release, treating the government’s failure to appear or answer as a concession and relying on the court’s earlier due process decisions.

A magistrate judge granted in part an unopposed habeas petition and ordered the release of a Guatemalan asylum applicant arrested by ICE at her USCIS interview, finding on an uncontested record that detention without any process violated due process under the Mathews v. Eldridge factors.

A Central District of California magistrate judge granted an unopposed habeas petition and ordered the immediate release of a man with withholding of removal who was detained at an immigration check-in without notice or a hearing, treating the government’s failure to appear as a concession.

A federal district court adopted unopposed magistrate judge findings, granted a § 2241 habeas petition from a released immigration detainee, and enjoined re-arrest or re-detention absent compliance with constitutional protections.

A magistrate judge recommends granting an immigration detainee’s habeas petition in part and ordering a bond hearing before an immigration judge, because the dismissal of his theft case ended any claim of mandatory detention under the Laken Riley Act, while denying immediate release.