Colin Hernandez v. Janecka — Completed Bond Hearing Defeats Immigration Habeas Petition
The Central District denied the habeas petition.
The Central District denied the habeas petition.
The court granted the petition after reviewing the unopposed allegations and determining that they stated a due-process violation.
The Central District ordered immediate release.
The Central District granted the unopposed habeas petition and ordered immediate release.
The Central District conditionally granted habeas relief.
The Central District granted the petition in part and ordered immediate release on reasonable supervision conditions.
ICE must release asylum applicant re-detained without a hearing.
mandatory removal-period detention defeats early due-process challenge.
release does not moot challenge to threatened ICE re-detention.
five years of supervised liberty requires hearing before re-detention.
ICE detainee must receive prompt bond hearing.
government must justify continued immigration detention by clear evidence.
detention without a custody hearing requires immediate release.
prolonged detention of returning permanent resident requires bond hearing.
prior release requires hearing before ICE can detain again.
prior release requires hearing before ICE can detain again.
years of community ties create protected liberty interest.
twelve months of mandatory detention triggers bond hearing.
twelve months of mandatory detention triggers bond hearing.
conditional release creates liberty interest despite pending charges.
conditional release creates liberty interest despite pending charges.
The district court granted the amended habeas petition and ordered release.
The magistrate judge issued amended findings recommending supervised release on substantive due-process grounds.
The magistrate judge recommended denying the government’s threshold dismissal motion but also denying the petition on the merits.