Ines H.O. v. Christopher Chestnut, et al.

Summary

The United States District Court for the Eastern District of California granted Ines H.O.’s motion for a temporary restraining order challenging her prolonged immigration detention without a bond or custody redetermination hearing. The court ordered her immediate release and enjoined respondents from re-arresting or re-detaining her absent specified constitutional protections, including notice and a hearing. The court also waived the security requirement and ordered respondents to show cause why the TRO should not be converted into a preliminary injunction.

Holdings

1. Petitioner demonstrated a likelihood of success on her due process claim because her prolonged detention without a bond or custody-redetermination hearing likely deprived her of a protected liberty interest without constitutionally adequate procedures.
2. Petitioner satisfied the Winter factors and was entitled to a temporary restraining order.
3. The court ordered Petitioner's immediate release and prohibited Respondents from re-arresting or re-detaining her absent notice, a hearing before a neutral fact-finder, and proof of specified changed circumstances, danger, or flight risk.
4. The court waived the bond requirement under Federal Rule of Civil Procedure 65(c).

Questions Presented

1. Whether Petitioner was likely to succeed on a procedural due process claim based on prolonged immigration detention without notice or a bond or custody-redetermination hearing.
2. Whether Petitioner established the four requirements for a temporary restraining order.
3. Whether the court should waive the security requirement under Federal Rule of Civil Procedure 65(c) and order immediate release subject to constitutional safeguards.

Disposition

other