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.
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
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.