Karolaine Monteiro De Souza v. Timothy S. Robbins, et al.

Summary

The United States District Court for the Eastern District of California grants Karolaine Monteiro De Souza’s motion for a temporary restraining order challenging her re-detention by ICE. The court concludes that she was released under 8 U.S.C. § 1226(a), has a protected liberty interest in continued release, and was likely entitled to procedural protections before re-detention. The court orders her immediate release, prohibits re-arrest or re-detention absent specified constitutional protections, and issues an order to show cause regarding a preliminary injunction.

Holdings

1. A noncitizen released on her own recognizance under section 1226 has a protected liberty interest in continued freedom and is entitled to procedural safeguards before re-detention, including pre-deprivation notice and a timely hearing before a neutral decisionmaker.
2. Petitioner satisfied the requirements for temporary injunctive relief because she showed a likelihood of success on the merits, irreparable harm, and that the balance of equities and public interest favored relief.
3. No security was required for the temporary restraining order.

Questions Presented

1. Whether petitioner was likely to succeed on her claim that re-detention after release under section 1226, without prior notice and a timely hearing, violated the Fifth Amendment Due Process Clause.
2. Whether petitioner satisfied the requirements for a temporary restraining order.
3. Whether security should be required under Federal Rule of Civil Procedure 65(c).

Disposition

other