The Southern District of California granted a Venezuelan parolee’s habeas petition, ordered his immediate release subject to preexisting parole terms, and required an immigration-judge hearing before any re-detention.
A federal judge kept alive claims that Napa State Hospital officials consciously disregarded a patient’s safety before another patient stabbed her, while dismissing negligent-supervision claims and several defendants.
The Southern District of California granted the habeas petition of a mother and her two children, finding the children’s continued detention in an unlicensed, secure Border Patrol station unlawful under the Flores Settlement Agreement and ordering their immediate release to their father, while
A federal court ordered an evidentiary hearing to determine whether ICE agents had an administrative warrant when they arrested a Bolivian visa overstay and, if not, whether they had probable cause to believe he was likely to escape before a warrant could be obtained.
A magistrate judge recommended granting Ramell Levers’s habeas petition and requiring a bond hearing, finding that nearly a year of detention without one, with his immigration appeal apparently pending and no final removal order, violated due process.
The Southern District of California granted a habeas corpus petition filed by a Haitian humanitarian parolee who was detained without a warrant or hearing, holding that a prior grant of release creates a liberty interest protected by procedural due process and ordering his immediate release.
The district court granted a § 2241 habeas petition and ordered immediate release because ICE arrested a person with a final removal order using the wrong type of warrant and without any evidence that he was likely to escape before a proper warrant could be obtained.
The Southern District of California granted a Honduran asylum seeker’s § 2241 petition, holding that revoking his parole and re-detaining him without individualized process violated the Fifth Amendment and ordering his immediate release under the prior conditions.
The Southern District of California granted Jessica Philius’s amended habeas petition and ordered an individualized bond hearing, without deciding which immigration-detention statute governed her custody.
The Southern District of California granted a 28 U.S.C. § 2241 habeas petition and ordered the immediate release of a long-resident Mexican national with a pending VAWA adjustment application, holding that ICE’s warrantless re-detention of him without notice, reasons, or a pre-deprivation hear
The Southern District of California granted Ernesto Bautista Baluyot Jr.’s amended habeas petition, finding that his re-detention after release under ICE’s Alternatives to Detention program violated procedural due process and ordering his immediate release subject to his preexisting release conditio
The Southern District of California granted a state prisoner leave to proceed in forma pauperis but dismissed his Section 1983 complaint without prejudice, finding that his allegations did not plausibly establish deliberate indifference, supervisory liability, or intentional racial discrimination.
The Eastern District of California ordered Tatiana Miagkikh’s immediate release, holding that her eighteen-month immigration detention was excessive in relation to the government’s interest in preventing flight and violated substantive due process.
A federal district court granted a habeas petitioner’s motion to enforce its prior judgment, ordered his immediate release after Respondents conceded they failed to schedule a court-ordered bond hearing, and enjoined re-detention unless the government provides advance notice and holds a bond h
A federal magistrate judge denied without prejudice a prisoner’s request for alternative dispute resolution as premature, directed the clerk to randomly assign a district judge, and recommended denying his emergency motion for a temporary restraining order because the complaint had not yet bee
An Eastern District of California magistrate judge recommended granting Wilfredo Castaneda Diaz’s habeas petition and ordering his immediate release, concluding that his re-detention without a pre-deprivation bond hearing violated due process.
A federal magistrate judge issues findings and recommendations to grant a habeas corpus petition and convert a preliminary injunction into a permanent injunction, finding that ICE’s re-detention of a noncitizen without a pre-deprivation bond hearing violated procedural due process rights under
The Eastern District of California granted an immigration detainee’s habeas petition and ordered his immediate release, applying prior decisions holding that arrest and detention at an adjustment-of-status interview likely violated the Immigration and Nationality Act.
The district court withdrew the magistrate-judge reference and denied a detained noncitizen’s § 2241 habeas petition as moot because his removal order became final when he did not appeal within the thirty-day window, shifting his detention authority from § 1226 to mandatory detention under § 1
A United States Magistrate Judge in the Eastern District of California denies DaJuan Huddleston’s motion for appointment of pro bono counsel without prejudice, finding no exceptional circumstances because the court cannot determine likelihood of success on the limited record and Huddleston app
A federal district court granted an immigration detainee’s habeas petition and ordered his immediate release, holding that his re-detention after parole without notice and a pre-deprivation hearing violated the Immigration and Nationality Act.
The Eastern District of California granted Ground One of a detained noncitizen’s habeas petition, finding removal was not reasonably foreseeable and ordering immediate release under reasonable supervision terms.
A federal district court adopted a magistrate judge’s findings and recommendations in full and dismissed an incarcerated plaintiff’s civil rights complaint without leave to amend, finding the allegations too conclusory and confusing to state a plausible claim under 42 U.S.C. § 1983.
A magistrate judge recommended granting a Cuban detainee’s habeas petition and ordering his immediate release because the government failed to show his removal to Cuba or Mexico was reasonably foreseeable after detention exceeding six months.