Constitutional Cases
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Oluwatomisin v. Warden of the Golden State Annex Detention Facility — Habeas Petition Denied Without Prejudice Because Entitlement to a Section 1226(a) Bond Hearing Was Undisputed

A federal district court denied without prejudice a habeas petition over two months of ICE detention without a bond hearing because it was undisputed that 8 U.S.C. § 1226(a) entitled the petitioner to a hearing, which Respondents did not oppose scheduling.

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Gonzalez v. Warden, California City Detention Facility — Magistrate Judge Recommends Dismissing Immigration Detainee’s Habeas Petition as Premature Within Zadvydas Six-Month Period

A magistrate judge recommends dismissing, without prejudice, an immigration detainee’s habeas petition challenging indefinite detention because he is still within the six-month presumptively reasonable period recognized in Zadvydas v. Davis and his claims are not yet ripe.

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Torres Ponce v. Warden — Magistrate Judge Recommends Denying Detention Due Process Claim and Dismissing Bond Challenge Without Prejudice for Non-Exhaustion

A magistrate judge recommended that a pro se immigration detainee’s habeas petition be dismissed without prejudice, rejecting his as-applied due process challenge to continued detention under 8 U.S.C. § 1226(a) and finding his challenge to the immigration judge’s bond denial unexhausted

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Yu v. Wofford — Federal court denies habeas challenge to immigration bond denial and rejects prolonged-detention claim

A federal district court denied without prejudice a detained noncitizen’s habeas petition, holding that an immigration judge did not abuse her discretion in finding him a flight risk at a second bond hearing and that his detention under 8 U.S.C. § 1226(a) had not become unconstitutionally prol

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D. C.G. v. Warden, Golden State Annex — Court orders release of an immigration detainee and bars re-arrest without notice and a hearing

A federal district court in the Eastern District of California granted habeas relief on the Third Claim for Relief, ordered an immigration detainee released immediately, and barred re-arrest absent pre-deprivation notice and a timely hearing at which the government bears a clear-and-convincing burde

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Basurto-Milan v. Warden of the California City Detention Center — Court Orders Immediate Release of Immigration Detainee Over Delayed Bond Hearing

An Eastern District of California judge granted an immigration detainee’s habeas petition and ordered his immediate release, finding that the lengthy delay in providing a statutorily required bond hearing violated due process, and required notice and a neutral-arbiter hearing before any re-det

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