Jahaira Abigail Tenorio Rugama v. Christopher Chestnut, et al.

Summary

The United States District Court for the Eastern District of California granted petitioner Jahaira Abigail Tenorio Rugama's motion for a temporary restraining order, converting it to a preliminary injunction. The court ordered her immediate release from immigration custody under her prior release conditions and required a pre-deprivation bond hearing before any re-detention. The court also waived the bond requirement and directed petitioner to address whether the habeas proceedings should be stayed pending an appeal in Rodriguez Vazquez v. Bostock.

Holdings

1. Section 1226, rather than § 1225(b)(2)(A), applies to a noncitizen like petitioner who is already living in the United States after parole and is not presently seeking admission.
2. Petitioner demonstrated at least a serious question that her re-detention violated substantive due process because respondents had not shown that the detention served a permissible nonpunitive purpose.
3. Petitioner was likely entitled to procedural protections before re-detention, including notice and a neutral pre-deprivation custody or bond hearing under § 1226(a), because her prior parole and continued compliance created a protected liberty interest.
4. Petitioner satisfied the Winter factors and was entitled to preliminary injunctive relief.

Questions Presented

1. Whether petitioner was likely to succeed on her claim that re-detention without a legitimate nonpunitive justification violated substantive due process.
2. Whether 8 U.S.C. § 1226, rather than 8 U.S.C. § 1225(b)(2)(A), governed petitioner's detention.
3. Whether petitioner had a protected liberty interest in continued release and was likely deprived of procedural due process when she was re-detained without notice or a pre-deprivation custody or bond hearing.
4. Whether petitioner satisfied the Winter factors for preliminary injunctive relief.
5. Whether the proceedings should be stayed pending the appeal in Rodriguez Vazquez v. Bostock.

Disposition

other