Constitutional Cases
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Constitutional

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Luis Armando Guzman Velasco v. Shannon Dicus, et al. — District court denies motion to enforce prior bond-hearing order but grants a Rodriguez bond hearing with the government bearing the burden by clear and convincing evidence

A federal district court adopted a magistrate judge’s recommendation to deny a detained immigrant’s motion to enforce a prior bond-hearing order, but ordered a new Rodriguez bond hearing because his detention had exceeded 180 days.

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Ana Glenda Melendez Alvarado v. Warden, Adelanto ICE Processing Center, et al. — Habeas Petition Granted in Part; Bond Hearing Ordered Within Seven Days

A federal magistrate judge granted in part a habeas petition brought by a lawful permanent resident detained by ICE, ordering that she receive a bond hearing within seven days while rejecting her claim that her detention without a pre-deprivation hearing violated due process.

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David Galicia Tlatelpa v. Senior Warden, Adelanto Detention Facility, et al. — District Court Grants Habeas Petition and Orders Immediate Release but Declines to Enjoin Future Re-Detention

The district court adopted a magistrate judge’s recommendation to grant a habeas petition and order the petitioner’s immediate release from immigration detention, but refused to enjoin any future re-detention because that relief rested on speculation about what might happen after release

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Frisly Elder Lopez Cabrera v. Christopher LaRose, Warden, Otay Mesa Detention Center, et al. — Federal court denies amended habeas petition after finding due process in revocation of supervised release

The Southern District of California denied Frisly Elder Lopez Cabrera’s amended habeas petition, concluding that immigration officials provided the notice and informal interview required to revoke his supervised release.

North Carolina Court of Appeals
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CJETS — Agency could issue binding concealed-carry training rules

A divided published panel reversed and directed summary judgment for the training commission. Reading the statutory scheme as a whole, the majority held that authority to prepare general guidelines included binding, generally framed rules supplying governmental oversight of public and private training providers. The disputed rules stayed within that delegated authority; a dissent read the statutes as withholding rulemaking power.

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Miguel Eliseo De La Cruz Cavinal v. Markwayne Mullin et al. — Court orders respondents to present release options after finding warrantless immigration detention unlawful

The Southern District of California granted partial habeas relief because the government relied on a secondhand arrest account and failed to establish that Miguel Eliseo De La Cruz Cavinal was likely to escape before an immigration warrant could be obtained.

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