Salcedo Aceros v. Kaiser

Summary

The United States District Court for the Northern District of California granted Petitioner Paula Andrea Salcedo Aceros's motion for a temporary restraining order. The court ordered her immediate release from custody and prohibited Respondents from re-detaining her without notice and a pre-deprivation hearing or removing her from the United States. The order remained effective until August 30, 2025, and required Respondents to show cause why a preliminary injunction should not issue.

Holdings

1. For purposes of temporary relief, petitioner demonstrated a likelihood of success on her claim that ongoing immigration detention without a pre-detention bond hearing violated procedural due process under the Fifth Amendment.
2. Petitioner satisfied the requirements for temporary injunctive relief because she showed likely success, irreparable harm from the likely unconstitutional deprivation of liberty, and that the balance of equities and public interest favored relief.
3. The proper temporary relief was to restore the status quo by immediately releasing petitioner, prohibiting re-detention without notice and a pre-deprivation hearing before a neutral decisionmaker, and enjoining her removal from the United States pending further proceedings.
4. The court exercised its discretion to waive the security requirement under Federal Rule of Civil Procedure 65(c).

Questions Presented

1. Whether petitioner was entitled to temporary injunctive relief based on a likelihood that her immigration detention without a pre-detention bond hearing violated procedural due process under the Fifth Amendment.
2. Whether the temporary restraining order should require petitioner's immediate release, prohibit re-detention without notice and a pre-deprivation hearing, and prohibit removal from the United States.
3. Whether the court should waive the security otherwise contemplated by Federal Rule of Civil Procedure 65(c).

Disposition

other