Silvia Juliana G.J. v. Sergio Albarran, et al.

Summary

The Eastern District of California grants an ex parte temporary restraining order in a habeas proceeding challenging the detention of a noncitizen who had previously been released during removal proceedings. The court concludes that the petitioner is likely to succeed on a procedural due process claim because she was detained for more than a month without a bond or custody-redetermination hearing. The order directs her immediate release, restricts re-arrest or re-detention absent specified constitutional protections, and orders respondents to show cause why a preliminary injunction should not issue.

Holdings

1. A noncitizen released from immigration custody may possess a protected liberty interest in remaining out of custody, and detention without a bond or custody-redetermination hearing, under the circumstances presented, likely violates procedural due process.
2. Petitioner satisfied the Winter factors and was entitled to a temporary restraining order.
3. Respondents were enjoined from re-arresting or re-detaining Petitioner absent constitutional protections, including seven days' notice, a pre-deprivation or custody hearing before a neutral decisionmaker, clear and convincing proof by the Government that Petitioner poses a danger or flight risk, and the opportunity for counsel to be present.

Questions Presented

1. Whether Petitioner was likely to succeed on her procedural due process claim based on detention without a bond or custody-redetermination hearing after several years of conditional release.
2. Whether Petitioner satisfied the four Winter factors for issuance of a temporary restraining order.
3. Whether the TRO could issue without notice under Federal Rule of Civil Procedure 65(b).
4. What temporary constitutional protections were necessary before Respondents could re-arrest or re-detain Petitioner.

Disposition

other