Ingerman Javier P.S. v. Timothy S. Robbins, et al.

Summary

The United States District Court for the Eastern District of California converted petitioner Ingerman Javier P.S.’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 barred re-detention absent clear and convincing evidence at a pre-deprivation bond hearing that petitioner is a flight risk or danger to the community.

Holdings

1. The motion for a temporary restraining order was properly converted to a motion for a preliminary injunction because respondents identified no factual or legal distinction warranting a different result and did not oppose conversion or request a hearing.
2. Petitioner was entitled to immediate release, and respondents were enjoined from re-detaining him unless they 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 under Federal Rule of Civil Procedure 65(c) was waived.

Questions Presented

1. Whether the 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 specified procedural and evidentiary safeguards.
3. Whether the security requirement under Federal Rule of Civil Procedure 65(c) should be waived.

Disposition

other