Deli Chen and Huijuan Chen v. Christopher Chestnut, et al.

Summary

The United States District Court for the Eastern District of California granted Deli Chen and Huijuan Chen's petition for writ of habeas corpus under 28 U.S.C. § 2241. The court held that ICE unlawfully re-detained the petitioners without complying with applicable regulatory requirements concerning changed circumstances, notice, and an informal interview, and ordered their immediate release under their prior orders of supervision.

Holdings

1. When ICE revokes release under 8 C.F.R. §§ 241.13(i) and 241.4(l), it must establish changed circumstances showing a significant likelihood that removal may occur in the reasonably foreseeable future. Respondents failed to satisfy that burden.
2. ICE must comply with the regulatory revocation procedures, including notice of the reasons for revocation and a prompt informal interview allowing the noncitizen to respond. Respondents failed to show compliance with those requirements.
3. Petitioners' re-detention was unlawful, and immediate release under the conditions of their most recent orders of supervision was warranted.

Questions Presented

1. Whether ICE unlawfully re-detained Petitioners after release under orders of supervision without establishing changed circumstances creating a significant likelihood of removal in the reasonably foreseeable future as required by 8 C.F.R. §§ 241.13(i) and 241.4(l).
2. Whether ICE unlawfully re-detained Petitioners without providing the required notice of the reasons for revocation and prompt informal interviews.
3. Whether Petitioners were entitled to immediate release under 28 U.S.C. § 2241.
4. Whether Petitioners could seek attorney's fees and costs under the Equal Access to Justice Act.

Disposition

writ_granted