The Eastern District of California granted J.L.C.’s habeas petition and temporary restraining order, finding that immigration officials detained him without the pre-deprivation procedures required by 8 C.F.R. §§ 241.4 and 241.13 and ordering his immediate release.
Magistrate Judge Frank J. Singer of the Eastern District of California denied a state prisoner’s motion for appointment of counsel in his Americans with Disabilities Act civil rights case, finding no exceptional circumstances even though the claim had survived screening and summary judgment.
The U.S. District Court for the Eastern District of California granted a habeas corpus petition and temporary restraining order, finding that ICE violated a Venezuelan national’s Fifth Amendment due process rights by detaining him without providing the pre-deprivation process required by feder
A federal district court granted a pro se habeas petition and ordered the immediate release of an immigration detainee, finding that his detention without a pre-deprivation hearing violated due process and that a later bond hearing did not cure the violation.
The Eastern District of California granted Jose Leyver Sanchez Lopez’s habeas petition and ordered his immediate release, holding that the lengthy delay in providing his statutorily required bond hearing violated due process.
The Northern District of California granted in part and denied in part the County’s motion to dismiss, allowing Title VII and FEHA retaliation, Labor Code § 1102.5, stigma-plus due process, and defamation claims to proceed while dismissing discrimination and certain § 1983 claims with leave to
The court granted an immigration detainee’s habeas petition in part, ordering a bond hearing under 8 U.S.C. § 1226(a) within fourteen days while rejecting his requests for release and a government burden of proof.
A federal district court denied a habeas petition challenging continued immigration detention under 8 U.S.C. § 1226(a), holding that the petitioner received the process due to him and that the Constitution does not require the government to bear the burden of proof at bond hearings.
The Eastern District of California granted Andrey Arevalo-Marin’s habeas petition and ordered his immediate release, holding that the government’s failure to provide a constitutionally compliant pre-deprivation bond hearing required that remedy.
A federal district court granted a habeas petition and ordered the immediate release of an immigration detainee who was re-detained for five months without notice or a hearing after being paroled into the United States.
The Eastern District of California granted an immigration detainee’s habeas petition and ordered his immediate release because the record contained no evidence that the government followed the custody-determination procedures required by 8 U.S.C. § 1226(a).
The Eastern District of California granted an immigration detainee’s habeas petition and ordered a constitutionally adequate bond hearing within fourteen days, with release required if the hearing is not provided.
The Eastern District of California granted Reilandy Gonzalez Moreno’s habeas petition, finding that his re-detention after parole without notice or an opportunity to be heard violated procedural due process and ordering his immediate release.
The court granted in part a prisoner’s motion to compel, ordering a defendant to provide further answers to interrogatories about medical chronos considered at a disciplinary hearing, while denying the remainder of the motion and declining to impose sanctions.
A federal magistrate judge granted a habeas petition and ordered the immediate release of a longtime U.S. resident who had been re-detained without notice or a hearing despite having withholding of removal to Honduras, holding that the government must provide seven days’ notice and a pre-depri
A federal magistrate judge ordered the respondent to answer or move to dismiss an immigration detainee’s § 2241 petition, construed the pro se filing to challenge statutory detention authority, and required relevant detention records within 21 days.
A federal district court granted a pro se habeas petition and ordered the immediate release of an ICE detainee, finding his detention unlawful because the government failed to issue a notice to appear or provide an initial custody determination until sixteen days after his arrest.
The Eastern District of California granted Sandeep Singh’s habeas petition and temporary restraining order motion on his due process claim, ordering his immediate release because the government re-detained him without a constitutionally compliant pre-deprivation bond hearing.
The Eastern District of California granted an immigration detainee’s habeas petition and ordered his immediate release, holding that a delay of more than two months in providing a requested custody redetermination hearing violated due process.
A federal magistrate judge granted a Guatemalan national’s habeas petition, found his immigration detention unlawful from the outset after a warrantless arrest and the denial of a bond hearing, and ordered his immediate release.
The district court adopted a magistrate judge’s recommendation to grant a habeas petition challenging immigration re-detention, but overruled the petitioner’s objection and ordered a prompt bond hearing before an immigration judge instead of immediate release.
The court granted a habeas corpus petition in part, finding that the petitioner’s re-detention without pre-detention notice or a hearing violated due process, and ordered his immediate release subject to reasonable conditions.
A federal magistrate judge granted an unopposed immigration habeas petition, ordered the petitioner immediately released from ICE custody, and barred re-detention absent strict compliance with due process.
The court granted a habeas petition and ordered the immediate release of a noncitizen detained by ICE for months without an arrest warrant or notice of custody determination, finding the detention violated statutory and Fifth Amendment due process rights.