Constitutional Cases
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Constitutional

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Hector Eddin Acosta Najera v. Christopher Chestnut — Court grants habeas petition and orders immediate release after arrest at adjustment-of-status interview

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.

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Jarol Almora Sierra v. Warden of the Mesa Verde Detention Facility, et al. — Habeas Petition Denied as Moot After Removal Order Became Final

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

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DaJuan Huddleston v. Khalib, et al. — Magistrate judge denies state prisoner’s motion for appointment of pro bono counsel without prejudice

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

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Alfred Pittman v. Jeffrey Macomber, et al. — Federal Court Adopts Recommendation and Dismisses Prisoner Civil Rights Complaint Without Leave to Amend

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.

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Guillermo Eusebio Pelaez Bello v. Warden, California City Immigration Processing Center — Magistrate Judge Recommends Release of Cuban Detainee Held Beyond Six Months Without Foreseeable Removal

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.

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Gul Naz Akbari (A#221-417-423) v. Warden of California City Detention Facility — Magistrate Judge Recommends Immediate Release of Afghan Asylum Seeker, Finding 17-Month Detention Violates Substantive Due Process

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.

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Xiaoyan Jiang v. Warden, California City Immigration Processing Center, et al. — Magistrate judge recommends immediate release because immigration detention without pre-deprivation notice or a hearing violated due process

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.

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Aaron Ariel Garcia Ortiz v. Warden, et al. — Federal Court Grants Habeas Relief, Ordering Bond Hearing for Prolonged Immigration Detention

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

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Juan Chavez Ramirez v. Sergio Albarran, et al. — Federal Court Orders Immediate Release of Immigrant Detained at USCIS Interview, Finding Likely Due Process Violations

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

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Andres B.O. v. Warden — Court dismisses first amended habeas petition without prejudice, rejects conditions claims in habeas, and denies pending motions as moot

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.

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Luis Alberto Alarcon Nava v. Jena Jone, et al. — Magistrate Judge Recommends Dismissing Successive Habeas Petition and Noncognizable Racial Justice Act Claims

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.

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Zuri S.K. Young v. Jeffrey Macomber, et al. — Court Orders Prisoner to Show Cause Why Three-Strikes Rule Does Not Bar Pauper Status

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

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Gabrielle Chanel El v. Oakland Unified School District, et al. — Magistrate judge clears civil-rights complaint for service, grants IFP status, and orders reassignment

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.

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Shant Der-Boghossian v. State of California, et al. — Magistrate judge recommends allowing Eighth Amendment and ADA claims against four medical providers, dismissing other claims, and denying preliminary injunctive relief

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

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Shaban Ali Rafat v. Sergio Albarran, et al. — Magistrate Judge Recommends Granting Habeas Petition and Directing Immediate Release of Immigration Detainee

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.

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