Melendez Escamilla v. Warden — Court Orders Release and Requires Process Before Re-Detention
An Eastern District court granted habeas relief to Melendez Escamilla v. Warden, requiring immediate release and safeguards before renewed custody.
An Eastern District court granted habeas relief to Melendez Escamilla v. Warden, requiring immediate release and safeguards before renewed custody.
An Eastern District court granted habeas relief to Mendez G. v. Wofford, requiring a prompt individualized bond hearing or release.
An Eastern District court granted habeas relief to Perez Lopez v. Warden, requiring a prompt individualized bond hearing or release.
An Eastern District court granted habeas relief to Lopez Salazar v. Warden, requiring a prompt individualized bond hearing or release.
An Eastern District court ordered ICE to release a previously released noncitizen who was re-detained without a neutral pre-deprivation bond hearing.
The Ninth Circuit remands an asylum denial after finding the Board of Immigration Appeals’ conclusion that a kidnapping victim could safely relocate anywhere in Mexico outside one state was internally inconsistent with the agency’s own findings about the cartel’s reach.
A Central District court ordered an asylum applicant released after holding that years of government-authorized liberty could not be ended without notice and a prior hearing.
An Eastern District court held that ICE violated due process by re-detaining a released noncitizen without advance notice and a neutral bond hearing.
An Eastern District court ordered a new immigration bond hearing because an unproven misdemeanor charge and a misread no-contest plea could not sustain dangerousness.
An Eastern District court ordered immediate release because 25 years of liberty could not be ended without notice and a neutral custody hearing.
The court granted habeas relief and required an individualized bond hearing within seven days or release. Although immigration authorities had statutory authority to detain Soto Montes, the length and circumstances of detention required neutral review, with the government bearing the clear-and-convi
The court granted habeas relief and ordered immediate release. After the government conceded a statutory right to a bond hearing under Rodriguez Vazquez, the court held that the lengthy failure to provide that hearing violated due process; any renewed detention requires advance notice and a pre-depr
The court denied habeas relief. Requiring Chauhan to show he was not dangerous or a flight risk did not violate due process on this record, he chose to proceed despite being offered a continuance to gather evidence, and the immigration judge’s questioning and record supported the bond denial.
The court ordered Gonzalez immediately released to the conditions of his prior supervision order. ICE’s re-detention violated due process and applicable revocation procedures, and any future re-detention must comply with constitutional, statutory, and regulatory safeguards.
The court denied the habeas petition without prejudice because the detainee had received a bond hearing but had not completed the available immigration administrative appeal. The court therefore did not reach the broader constitutional challenge to detention.
The court granted habeas and temporary restraining relief, finding that re-detention without adequate pre-deprivation process violated due process. It ordered restoration of the pre-detention position, including removal of monitoring restrictions and facilitation of the bond’s return.
The court adopted the magistrate judge’s analysis and ordered immediate release because the government did not show that ICE ever made the initial individualized custody determination required by section 1226(a). A later opportunity to request review did not cure the missing initial process.
The court ordered immediate release after the government conceded a statutory right to a bond hearing but failed to provide it promptly. Any later re-detention requires advance notice and a pre-deprivation hearing before a neutral decisionmaker.
The court granted habeas relief and ordered a neutral bond hearing within fourteen days, with release required if the deadline is missed. The government conceded the statutory hearing right, while the petitioner’s criminal history supported a prompt hearing rather than automatic release.
The court ordered immediate release because the petitioner’s prior release created a liberty interest that ICE could not take away without notice and an opportunity to be heard. Future re-detention requires a neutral pre-deprivation hearing and clear-and-convincing proof of danger or flight ri
The Eastern District ordered an immigration detainee released and required notice and a neutral bond hearing before any renewed detention under section 1226(a).
The Eastern District ordered Bode Babalola released and barred renewed section 1226(a) detention without notice and a neutral bond hearing.
The Eastern District ordered an immigration detainee released and required the government to justify any future custody while considering alternatives to detention.
The Northern District temporarily barred immigration officials from re-detaining Juan Alva Alva in violation of an existing due-process order.