Constitutional Cases
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Constitutional

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Sukhvir S. v. Timothy S. Robbins, et al. — Federal court orders immediate release from immigration detention for lack of due process and required arrest procedures

The Eastern District of California granted a noncitizen’s habeas petition and ordered his immediate release because ICE detained him without an administrative warrant, an initial custody determination, or constitutionally required notice and a hearing.

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Dicson Jose Bello Toro v. Warden, Central Valley ICE Processing Center — Immigration detainee released on parole could not be re-detained without notice and a hearing, so his habeas petition is granted

A federal district court granted a habeas petition and ordered the immediate release of an immigration detainee who had been paroled into the United States and then re-detained without notice or any opportunity to challenge the decision, holding that the re-detention violated his Fifth Amendment due

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Dmitry Kireev v. Warden, Central Valley Annex Detention Facility, et al. — Due process requires a bond hearing after a parolee’s re-detention when mandatory detention no longer applies

The court granted Dmitry Kireev’s habeas petition in part and ordered a bond hearing within fourteen days, finding that his prior release on parole created a protected liberty interest and that continued detention without a hearing violated due process.

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Abner Neel Morales-Tista v. Warden, California City Immigration Processing Center — Magistrate Judge Recommends Granting Habeas Petition and Ordering Immediate Release Subject to Voluntary Departure

A magistrate judge recommends granting a Guatemalan national’s habeas petition and ordering his immediate release from ICE custody, finding his detention violated the INA and due process because he was not given a custody hearing before being re-detained after living freely in the United State

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