Juan Edelmar Alva Alva v. Polly Kaiser, et al.

Summary

The United States District Court for the Northern District of California granted a preliminary injunction barring the government from re-detaining Juan Edelmar Alva Alva without a pre-detention hearing before an immigration judge. The court held that he was not subject to mandatory detention under 8 U.S.C. § 1231(a) and was likely entitled under the Due Process Clause to a hearing addressing flight risk or danger to the community before any re-detention.

Holdings

1. Section 1231(a) did not require Petitioner's mandatory detention because his 90-day removal period began when DHS reinstated his prior removal order in December 2018, and neither his withholding-only application nor the asylum officer's determination restarted that period. After the removal period, § 1231(a)(3) makes supervision the default, while § 1231(a)(6) permits but does not mandate continued detention.
2. Petitioner had a protected liberty interest in remaining out of immigration custody after being released and living in the community for more than six years.
3. The Due Process Clause likely required ICE to provide Petitioner a hearing before an immigration judge, or other neutral decisionmaker, before any re-arrest or detention.
4. Petitioner satisfied the Winter factors and was entitled to a preliminary injunction preventing re-detention without a pre-detention hearing before an immigration judge.

Questions Presented

1. Whether 8 U.S.C. § 1231(a) required Petitioner's mandatory detention without a prior bond hearing after the asylum officer's negative reasonable-fear determination.
2. Whether Petitioner had a protected liberty interest in remaining released from immigration custody after more than six years of supervised release.
3. Whether the Due Process Clause likely required a pre-detention hearing before a neutral adjudicator before ICE could re-detain Petitioner.
4. Whether Petitioner satisfied the Winter factors for a preliminary injunction.

Disposition

other