Alex Rivera Giorges and Sokha Khan v. Polly Kaiser, et al.

Summary

The United States District Court for the Northern District of California granted Alex Rivera Giorges and Sokha Khan’s ex parte motion for a temporary restraining order. The order enjoins immigration authorities from re-detaining or removing the petitioners without notice and a pre-deprivation hearing before a neutral decisionmaker. The order remains in effect until September 23, 2025, and directs the respondents to show cause why a preliminary injunction should not issue.

Holdings

1. The requirements for issuing a temporary restraining order without notice were satisfied because counsel submitted specific facts showing that immediate and irreparable injury could occur before Respondents could be heard and described efforts to provide notice.
2. Petitioners-Plaintiffs were likely to succeed on their claim that they were entitled to notice and a pre-deprivation hearing before a neutral decisionmaker before being re-detained, where the record showed no violation of their bond conditions or immigration requirements.
3. Petitioners-Plaintiffs established likely irreparable harm, and the balance of equities and public interest favored temporary relief because detention threatens constitutional liberty while Respondents would face at most a short delay in re-detention.

Questions Presented

1. Whether the requirements for an ex parte temporary restraining order under Federal Rule of Civil Procedure 65(b) were satisfied.
2. Whether Petitioners-Plaintiffs were likely to succeed on their claim that re-detention without notice and a pre-deprivation hearing before a neutral decisionmaker would violate due process.
3. Whether Petitioners-Plaintiffs established likely irreparable harm, favorable equities, and a public interest supporting temporary injunctive relief.

Disposition

other