R.A.N.O. v. Wofford, et al.

Summary

The United States District Court for the Eastern District of California granted R.A.N.O.’s first amended petition for a writ of habeas corpus challenging his re-detention after three years of humanitarian parole. The court held that petitioner possessed a protected liberty interest in continued release and was entitled to a bond hearing under the Due Process Clause. The court further determined that the government must bear the burden of proof and that a pre-deprivation hearing was required.

Holdings

1. A noncitizen who was released from immigration detention on humanitarian parole and remained at liberty for an extended period possesses a protected liberty interest in remaining out of custody.
2. The government may not re-detain petitioner pending removal proceedings without first providing a pre-deprivation bond hearing before a neutral decisionmaker.
3. At the pre-deprivation bond hearing, the government must demonstrate by clear and convincing evidence that petitioner is a flight risk or danger to the community such that physical custody is legally justified.
4. Habeas relief was available to secure petitioner's immediate release and to prevent future re-detention without a constitutionally adequate pre-deprivation hearing.

Questions Presented

1. Whether a noncitizen who entered the United States, was detained, and was later released on humanitarian parole possesses a protected liberty interest in remaining out of immigration custody.
2. Whether due process requires a pre-deprivation bond hearing before the government may re-detain such a noncitizen pending removal proceedings.
3. Whether the government must prove by clear and convincing evidence at that hearing that the noncitizen is a flight risk or danger to the community.
4. Whether habeas relief may require immediate release and prospective protection against re-detention without constitutionally adequate process.

Disposition

writ_granted