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.
A federal magistrate judge found that the nearly eighteen-month civil immigration detention of an Afghan asylum seeker granted withholding of removal had become punitive and no longer reasonably related to its purposes, recommending her immediate release.
A federal magistrate judge recommended granting Xiaoyan Jiang’s habeas petition and ordering her immediate release, finding that her immigration detention without pre-deprivation notice or a hearing violated procedural due process.
A federal district court adopted a magistrate judge’s recommendation and granted habeas relief to an immigration detainee held for over seven months without a bond hearing, finding that prolonged mandatory detention under 8 U.S.C. § 1226(c) violated due process and ordering a bond hearing wher
A federal district judge adopted a magistrate judge’s recommendations, granted an immigration detainee’s habeas petition, ordered his immediate release, and barred re-detention without specified statutory and constitutional protections.
A federal district court granted a temporary restraining order requiring the immediate release of an immigrant detained by ICE at a USCIS interview, finding he was likely to succeed on claims that his detention without a hearing violated his substantive and procedural due process rights under the Fi
A federal magistrate judge denied a plaintiff’s motion for a protective order, holding that a lawyer’s inability to locate his client is not good cause under Rule 26(c) to bar a deposition the defendants are entitled to take.
A federal district court granted a habeas petition and ordered the immediate release of an immigration detainee, holding that his re-detention without advance notice or a pre-detention hearing violated due process.
The court dismissed an immigration detainee’s first amended habeas petition without prejudice because he had not shown that his detention exceeded the period reasonably necessary to accomplish removal, while expressly preserving future habeas or bond relief if circumstances change.
A federal district court granted an asylum applicant’s habeas petition and ordered his immediate release, finding that detention without a pre-deprivation hearing violated due process and that a later bond denial did not cure the violation.
A magistrate judge recommended dismissing Luis Alberto Alarcon Nava’s habeas petition because it was an unauthorized successive challenge to his 2012 Kern County judgment and its Racial Justice Act and related counsel claims did not state cognizable grounds for federal habeas relief.
A federal court ordered a state prisoner, whom the court found had at least three prior dismissals as frivolous, malicious, or for failure to state a claim and identified six prior dismissals counting as strikes in total, to show cause why the Prison Litigation Reform Act’s three-strikes rule
A magistrate judge recommended granting a Honduran detainee’s habeas petition and ordering his immediate release because he spent more than a year in immigration custody without notice of, or access to, the bond-hearing procedures governing his detention.
A magistrate judge found Gabrielle Chanel El’s civil-rights and disability-discrimination complaint sufficient for preliminary IFP screening, granted her application, extended the service deadline, and ordered reassignment because all parties had not consented to magistrate-judge jurisdiction.
A magistrate judge recommended that a prisoner’s amended complaint proceed only on Eighth Amendment and ADA claims against four medical providers, that the remaining claims be dismissed without further amendment, and that his request for a specialist and therapeutic diet be denied as a prelimi
A federal court ordered one petitioner to explain in writing why he should not be dismissed from the case because his petition did not allege facts showing he suffered a concrete injury required for Article III standing.
A magistrate judge recommended granting Alejandro Mendoza-Carrasco’s habeas petition and ordering his immediate release because he was detained for months without the bond-hearing procedures available under 8 U.S.C. § 1226(a).
A magistrate judge in the Eastern District of California recommended granting a § 2241 habeas petition and directing the immediate release of an Afghan detainee held more than six months after his removal order, finding no significant likelihood of removal in the reasonably foreseeable future.