Yovana De La Cruz Bejarano v. Timothy S. Robbins, Field Office Director of the Los Angeles Field Office of U.S. Immigration and Customs Enforcement; Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement; U.S. Immigration and Customs Enforcement; Kristi Noem, Secretary of the U.S. Department of Homeland Security; Christopher Chestnut, Warden, California City Corrections Center; and Pamela Bondi, Attorney General of the United States

Summary

The United States District Court for the Eastern District of California denied Yovana De La Cruz Bejarano’s motion for a temporary restraining order seeking immediate release from immigration detention. The court held that, because petitioner was treated as an applicant for admission who had not effected an entry into the United States, the detention procedures authorized by 8 U.S.C. § 1225(b)(1)(B)(ii) satisfied procedural due process and did not provide a right to a bond hearing. The court therefore concluded that petitioner had not shown a likelihood of success on the merits.

Holdings

1. Petitioner was not likely to succeed on her procedural due process claim because, as a noncitizen paroled into the United States pending an admissibility determination who had not effected an entry, the procedure authorized by Congress governed the process due, and § 1225(b)(1)(B)(ii) did not provide for a bond hearing.
2. Petitioner's motion for a temporary restraining order was denied because she failed to demonstrate a likelihood of success on the merits.

Questions Presented

1. Whether petitioner was likely to succeed on her claim that detention under 8 U.S.C. § 1225(b)(1)(B)(ii), without a bond hearing, violated procedural due process.
2. Whether petitioner was entitled to immediate release through a temporary restraining order.

Disposition

denied