Loba L.M. v. Tonya Andrews

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations in a habeas action challenging approximately 22 months of immigration detention under 8 U.S.C. § 1226(c). The court granted the petition, dismissed unlawfully named respondents, denied the motion to dismiss the petition, and ordered Tonya Andrews to provide petitioner with an individualized bond hearing before an immigration judge within 30 days.

Holdings

1. Petitioner's approximately 22-month detention without an individualized bond hearing had become unreasonable, warranting habeas relief and an individualized bond hearing before an immigration judge.
2. All respondents other than Tonya Andrews were dismissed as unlawfully named respondents.
3. Respondent must provide petitioner, within 30 days of service of the order, an individualized bond hearing before an immigration judge complying with Singh v. Holder; the government must prove by clear and convincing evidence that petitioner is a flight risk or danger to the community to justify denial of bond.

Questions Presented

1. Whether petitioner's approximately 22-month detention under 8 U.S.C. § 1226(c) without an individualized bond hearing had become unreasonable and warranted habeas relief.
2. Whether respondents other than Tonya Andrews were improperly named and should be dismissed.
3. What requirements govern the individualized bond hearing ordered as relief.

Disposition

writ_granted