Sukhjot Singh Sekhon v. Warden of the Golden State Annex Detention Facility, et al.

Summary

The United States District Court for the Eastern District of California granted Sukhjot Singh Sekhon’s petition for a writ of habeas corpus challenging his re-detention by immigration authorities without notice or a hearing. The court held that his prior release from immigration custody created a protected liberty interest in continued release and that due process required notice and a pre-detention hearing before a neutral adjudicator. The court ordered his immediate release and imposed conditions on any future re-detention.

Holdings

1. A noncitizen released from ICE custody who has lived outside custody under government supervision for an extended period acquires a constitutionally protected liberty interest in continued release.
2. Before re-detaining a noncitizen who has a protected liberty interest in continued release, the government must provide written notice and an opportunity to be heard before a neutral adjudicator.
3. Respondents violated Sekhon's Fifth Amendment procedural due process rights by re-detaining him without notice, a hearing, or other adequate procedural safeguards.

Questions Presented

1. Whether a noncitizen who was released from immigration detention and lived outside custody under ICE supervision for more than a year possesses a protected liberty interest in continued release.
2. Whether the Fifth Amendment's Due Process Clause requires notice and a hearing before the government re-detains such a noncitizen.
3. Whether Sekhon was entitled to habeas relief and immediate release because respondents re-detained him without providing constitutionally adequate procedural safeguards.

Disposition

writ_granted