Rosa Alba Entza Chupe v. Pamela Bondi, et al.

Summary

The United States District Court for the District of New Mexico granted Rosa Alba Entza Chupe’s uncontested verified petition for a writ of habeas corpus challenging her immigration detention. The court ordered her immediate release, prohibited re-detention without a pre-deprivation hearing before a neutral Immigration Judge, and retained jurisdiction to ensure compliance and address attorneys’ fees.

Holdings

1. The court treated the verified petition as uncontested and granted it because no federal respondent responded to the petition or otherwise showed cause why relief should not be granted.
2. Alternatively, accepting the petition's facts as true and uncontested, the court concluded that petitioner was entitled to habeas relief for the reasons articulated in Lopez-Romero v. Lyons.
3. Respondents may not re-detain petitioner without first providing a pre-deprivation hearing before a neutral Immigration Judge under 8 U.S.C. § 1226(a), at which the government must prove by clear and convincing evidence that petitioner is a danger or flight risk.
4. Respondents may not impose any new condition of release on petitioner.

Questions Presented

1. Whether the verified petition for a writ of habeas corpus should be granted when the respondents failed to respond or show cause.
2. Whether respondents may re-detain petitioner without a pre-deprivation hearing before a neutral Immigration Judge under 8 U.S.C. § 1226(a), with the government required to prove danger or flight risk by clear and convincing evidence.
3. Whether respondents may impose any new condition of release after petitioner is released.

Disposition

writ_granted