Duong v. Kaiser

Summary

The United States District Court for the Northern District of California grants Rachana Duong’s ex parte motion for a temporary restraining order concerning immigration detention. The order requires immediate release, bars re-detention without notice and a pre-deprivation hearing, prohibits removal from the United States, and sets briefing, reporting, and a preliminary-injunction hearing schedule.

Holdings

1. The requirements for issuing an ex parte temporary restraining order without notice were satisfied because counsel identified specific facts showing that immediate and irreparable injury could occur before respondents could be heard and stated counsel's efforts to contact the United States Attorney's Office.
2. Duong established a likelihood of success on the merits, likely irreparable harm, and that the balance of equities and public interest favored relief.
3. Respondents were enjoined from re-detaining Duong without notice and a pre-deprivation hearing before a neutral decisionmaker.

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 Duong was entitled to temporary injunctive relief based on a likely constitutional liberty interest in remaining out of immigration custody and the likelihood of irreparable harm from detention.
3. Whether the balance of equities and public interest favored ordering immediate release and prohibiting re-detention without notice and a pre-deprivation hearing.
4. Whether respondents should be restrained from removing or transferring Duong outside the United States pending further proceedings.

Disposition

other