The court dismissed without prejudice an immigration habeas petition that had been signed by the detainee’s long-term partner as ‘next friend,’ ruling that even if the partner had a basis for next-friend standing under Whitmore v. Arkansas, she could not represent the detainee whil
The court denied without prejudice an Armenian asylum-seeker’s habeas petition challenging his post-removal-order detention while ICE seeks a third country to receive him, ruling that he had been detained less than six months and was still within Zadvydas’s presumptively reasonable remov
The court applied the six-factor Banda test and concluded that seven months of mandatory detention of a Russian asylum-seeker who had been found to have a credible fear of persecution did not yet violate due process or require a bond hearing.
The court dismissed without prejudice a Haitian detainee’s habeas due-process claim for failure to exhaust appeals to the Board of Immigration Appeals after he received four individualized custody reviews from immigration judges, and rejected his Zadvydas challenge because he has no final remo
The court granted habeas relief and ordered immediate release of a Cuban national who had been paroled into the United States and then re-detained at a master calendar hearing without the written notice of parole termination required by 8 C.F.R. § 212.5(e)(5) or any opportunity to be heard.
The court denied an emergency motion to bar Immigration and Customs Enforcement from arresting an applicant at her green-card interview at the San Diego USCIS office, finding that even though similar arrests had been documented at the same office, the plaintiff had not shown that arrest was likely i
The court granted an immigration detainee’s habeas petition and ordered an individualized bond hearing within seven days, finding him a member of the Bond Eligible Class certified in the Central District’s Maldonado Bautista decision and entitled to detention review under 8 U.S.C. § 1226
The court denied a § 2241 habeas petition by a detained Italian human-trafficking victim seeking immediate release, dismissal of his removal charges, and expedited adjudication of his T-Visa application, ruling that most of the requested relief is not cognizable in habeas and the petitioner offered
The court sua sponte dismissed for lack of subject-matter jurisdiction a Russian asylum-seeker’s habeas petition challenging the merits of an immigration officer’s negative credible-fear determination, citing the Supreme Court’s Thuraissigiam decision and 8 U.S.C. § 1252(e)(5).
In a U.S. citizen’s APA action seeking to compel adjudication of his Iraqi mother’s visa application that has been in administrative processing in Amman, Jordan since September 2023, the court denied dismissal of the APA unreasonable-delay claim — declining to apply the TRAC factors at t
The court denied without prejudice a Russian asylum-seeker’s habeas petition challenging his immigration detention, ruling that after the Board of Immigration Appeals denied his appeal his detention is governed by the 90-day post-removal-order period in 8 U.S.C. § 1231(a) and a habeas challeng
The court ordered the immediate release of a Honduran national who had been on an immigration Order of Supervision since 1999 and detained at his routine annual check-in without notice of revocation or the regulatory interview, ruling that ICE’s failure to follow its own procedures violated du