Bobirjon Baturov Bokhodurovich v. Christopher Chestnut, Warden of the California City Detention Center; Kristi Noem, Secretary of the Department of Homeland Security; Pamela Bondi, U.S. Attorney General; Moises Becerra, in his official capacity as Field Office Director of Immigration and Customs Enforcement, Enforcement and Removal Operations

Summary

The United States District Court for the Eastern District of California converted petitioner Bobirjon Baturov Bokhodurovich’s motion for a temporary restraining order into a motion for a preliminary injunction and granted it. The court ordered respondents to release petitioner immediately and prohibited his re-detention unless, after a pre-deprivation bond hearing before a neutral decisionmaker, they establish by clear and convincing evidence that he is a flight risk or danger to the community. The court waived the Federal Rule of Civil Procedure 65(c) security requirement and referred the matter for further proceedings.

Holdings

1. A motion styled as a motion for a temporary restraining order may be converted to a motion for a preliminary injunction when the parties have been given an opportunity to address conversion and do not object.
2. Petitioner was entitled to immediate release, and respondents were enjoined from re-detaining him unless they first demonstrated by clear and convincing evidence at a pre-deprivation bond hearing before a neutral decisionmaker that he was a flight risk or danger to the community such that physical custody was legally justified.
3. The security requirement of Federal Rule of Civil Procedure 65(c) was waived.

Questions Presented

1. Whether petitioner's motion for a temporary restraining order should be converted to a motion for a preliminary injunction.
2. Whether petitioner was entitled to immediate release and protection against re-detention absent a pre-deprivation bond hearing establishing by clear and convincing evidence that he was a flight risk or danger to the community.
3. Whether the security requirement under Federal Rule of Civil Procedure 65(c) should be waived.

Disposition

other