Jenifer Nohelia Hernandez Lopez v. Sergio Albarran, et al.

Summary

The United States District Court for the Eastern District of California granted in part an ex parte motion for a temporary restraining order filed by Jenifer Nohelia Hernandez Lopez, who challenged her immigration detention under 28 U.S.C. § 2241. The court ordered her immediate release on the conditions applicable before her December 8, 2025, detention and prohibited re-detention absent exigent circumstances without notice and a pre-detention hearing before a neutral adjudicator. The court denied without prejudice the request to enjoin removal and waived the bond requirement.

Holdings

1. For purposes of the temporary restraining order, petitioner established a likelihood of success on her Fifth Amendment procedural due process claim because she was re-detained after release under § 1226(a) without notice and an opportunity for a pre-detention hearing before a neutral adjudicator.
2. The factors of irreparable harm, balance of equities, and public interest favored granting the temporary restraining order.
3. Immediate release on the same conditions that governed petitioner’s release before her December 8, 2025 detention was necessary to restore the status quo ante.

Questions Presented

1. Whether petitioner demonstrated a likelihood of success on her procedural due process claim arising from re-detention under 8 U.S.C. § 1226(a) without notice and a pre-detention hearing before a neutral adjudicator.
2. Whether petitioner’s alleged failure to timely apply for asylum constituted a changed circumstance justifying re-detention without notice and a pre-detention hearing.
3. Whether the remaining preliminary-injunction factors favored temporary restraining relief.
4. Whether the court should enjoin respondents from transferring petitioner out of the district or removing her from the country.

Disposition

other