Eastern District of California dismisses a mandamus petition seeking to compel U.S. Citizenship and Immigration Services to adjudicate a Form I-601 waiver application, holding that 8 U.S.C. § 1182(a)(9)(B)(v) strips federal courts of jurisdiction to review delays in waiver processing.
A magistrate judge in the Eastern District of California recommends granting in part a habeas corpus petition for a Mexican national detained at the Mesa Verde ICE Processing Center, holding that someone who has lived in the United States for over 20 years and was apprehended in the interior is not
Eastern District of California rejects the federal government’s argument that the entry fiction doctrine and the older Barrera-Echavarria decision foreclose due process protections for noncitizens paroled into the country, ordering immediate release.
Eastern District of California issues a temporary restraining order requiring ICE to immediately release an Eritrean asylum-seeker re-detained at a routine check-in, holding the detention violated both the Immigration and Nationality Act and the Fifth Amendment’s Due Process Clause.
Eastern District of California grants preliminary injunction ordering immediate release of an asylum-seeker re-detained by ICE without a bond hearing, holding that the Due Process Clause required a pre-deprivation hearing.