Alva Alva v. Kaiser — Court temporarily blocks immigration re-detention that would violate prior order
The Northern District temporarily barred immigration officials from re-detaining Juan Alva Alva in violation of an existing due-process order.
The Northern District temporarily barred immigration officials from re-detaining Juan Alva Alva in violation of an existing due-process order.
A Southern District court held that a temporary appellate stay, without another obstacle to removal, did not justify release from post-removal immigration detention.
A Southern District of California court rejected current visa-delay claims and held that a citizen parent has no due-process right to obtain visas for adult sons.
The court held that prolonged immigration detention violated due process and ordered an individualized bond hearing within fourteen days.
The court granted habeas relief and ordered a prompt immigration bond hearing with the burden placed on the government.
A Central District court ordered an immigration detainee released because ICE revoked her humanitarian parole without notice and a pre-deprivation hearing.
An Eastern District of California judge orders the immediate release of a noncitizen ICE re-detained after nearly five years of lawful liberty, holding that a belated bond hearing did not cure the due process violation because it never addressed whether circumstances had actually changed.
An Eastern District of California judge rules that a 2025 mandatory-detention expansion targeting noncitizens arrested for crimes causing serious bodily injury does not reach an attempt-only aggravated assault charge, and orders a prompt bond hearing.
The court denied the habeas petition without prejudice and directed entry of judgment. It held that the immigration judge made an individualized assessment of Far’s family ties, immigration history, and asserted sponsor, applied permissible flight-risk factors, and did not abuse his discretion.
A visa application in administrative processing remained judicially reviewable, but the family had not yet alleged an unreasonable agency delay.
More than six months of immigration detention without individualized review violated due process and required a prompt bond hearing.
ICE lacked a basis for warrantless arrests of two asylum applicants, and later bond hearings could not cure the unlawful initial detention.
A San Diego federal judge granted habeas relief and ordered ICE to release a Colombian asylum-seeker rearrested without notice after four years on parole, holding the Due Process Clause required notice and a hearing before his liberty could be revoked.
A federal judge ordered ICE to immediately release a mother and her three children, finding they were likely detained without the due process bond hearing the Constitution requires.
A federal judge ordered ICE to immediately release a longtime Napa County resident hours after agents re-arrested him at a routine supervision check-in, finding his continued detention likely unlawful under federal immigration statutes and due process.
A federal magistrate judge ruled that ICE violated due process by re-detaining a noncitizen without notice before locking him up, but ordered only a prompt bond hearing rather than immediate release given his post-release arrest record.
The Ninth Circuit required immigration authorities to consider a sworn claim that counsel’s advice caused a missed removal hearing.
The court denied immigration habeas relief because detention was mandatory during the initial 90-day period following a final removal order.
The court denied and partly dismissed an immigration detainee’s bond challenge because hardship equities were outside its limited review and the administrative appeal remained pending.
The court held that an immigrant’s re-detention violated due process and required advance notice and a neutral hearing before any future re-detention.
The court ordered a DACA recipient immediately released, holding that deferred action supported a protected liberty interest and the government had not justified detention.
A court ordered a new immigration bond hearing because inadequate advance notice denied the detainee a meaningful opportunity to prepare and present release evidence.
The Eastern District ordered an immigration detainee released because ICE revoked humanitarian parole and re-detained him without notice or a pre-deprivation hearing.
The Eastern District ordered an immigration detainee immediately released and required notice plus a neutral hearing before any renewed detention.