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
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.
Judge Josephine L. Staton granted a TRO ordering ICE to release a Vietnamese detainee at Adelanto subject to his prior Order of Supervision conditions, finding he satisfied the Winter factors. The court enjoined re-detention inconsistent with ICE regulations and set a preliminary injunction hearing
Judge Kenly Kiya Kato ordered ICE to show cause why a habeas petition should not be granted to a noncitizen detained nine months at Adelanto whom Belarus refuses to recognize as a citizen, finding the government’s bare assertion that it was ‘actively seeking travel documents’ insuf
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
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
Magistrate Judge Steve Kim ordered ICE to show cause why an Armenian detainee at Adelanto should not receive an individualized bond hearing, following an ‘overwhelming majority’ of C.D. Cal. decisions rejecting the government’s position that arriving aliens are subject to mandatory