Yon Kervis U. v. Christopher Chestnut, Warden of California City Detention Facility; Sergio Albarran; Todd Lyons; Kristi Noem; and Pamela Bondi

Summary

The United States District Court for the Eastern District of California converts Yon Kervis U.’s motion for a temporary restraining order into a motion for a preliminary injunction and grants it. The court orders respondents to release petitioner immediately and prohibits re-detention unless, after a pre-deprivation bond hearing before a neutral decisionmaker, respondents establish by clear and convincing evidence that petitioner is a flight risk or danger to the community. The court waives the Federal Rule of Civil Procedure 65(c) security requirement and refers the matter to the assigned magistrate judge for further proceedings.

Holdings

1. The motion for a temporary restraining order should be converted to a motion for a preliminary injunction.
2. Petitioner was entitled to immediate release, and respondents were enjoined from re-detaining him unless they first demonstrated by clear and convincing evidence at a pre-deprivation bond hearing before a neutral decisionmaker that petitioner 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 a pre-deprivation bond hearing supported by clear and convincing evidence that he was a flight risk or danger to the community.
3. Whether the Federal Rule of Civil Procedure 65(c) security requirement should be waived.

Disposition

other