Hector H.G. v. Warden of the Golden State Annex Facility, et al.

Summary

The United States District Court for the Eastern District of California grants Hector H.G.’s motion for a temporary restraining order challenging his immigration detention. The Court orders his immediate release, requires constitutional safeguards before any re-arrest or re-detention, grants in forma pauperis status and appointed counsel, and issues an order to show cause regarding a preliminary injunction.

Holdings

1. Petitioner satisfied the applicable TRO requirements because he showed a likelihood of success on the merits, irreparable harm, that the balance of equities favored him, and that relief was in the public interest.
2. Petitioner was likely entitled to procedural due process consisting of a hearing before a neutral decision-maker to determine whether his detention was warranted.
3. The court ordered petitioner released immediately and enjoined respondents from re-arresting or re-detaining him absent constitutional protections, including seven days' notice and a hearing before a neutral fact-finder under specified conditions.
4. The court waived the security requirement under Federal Rule of Civil Procedure 65(c).

Questions Presented

1. Whether petitioner was entitled to a temporary restraining order against his immigration detention.
2. Whether petitioner was likely to succeed on a procedural due process claim based on detention without a bond or custody redetermination hearing.
3. Whether the court could order petitioner's immediate release and prohibit re-arrest or re-detention absent specified constitutional protections.
4. Whether the bond requirement under Federal Rule of Civil Procedure 65(c) should be waived.

Disposition

other