Valencia Zapata v. Kaiser

Summary

The United States District Court for the Northern District of California granted Petitioners’ ex parte motion for a temporary restraining order after they were detained by ICE immediately following immigration-court hearings. The Court ordered their immediate release and barred their re-detention without notice and a pre-deprivation hearing before a neutral decisionmaker. The order remained effective through September 19, 2025, and directed Respondents to show cause why a preliminary injunction should not issue.

Holdings

1. Individuals released from immigration custody on bond have a protectable liberty interest in remaining out of custody on bond, which is protected by the Fifth Amendment Due Process Clause.
2. Due process requires that petitioners be given notice and a pre-detention hearing before a neutral decisionmaker prior to being re-taken into custody, considering the substantial private interest in liberty, the high risk of erroneous deprivation given prior release determinations, and the government's low interest in re-detaining without a hearing.
3. Petitioners satisfied all Winter factors for temporary injunctive relief: they showed serious questions going to the merits with the balance of hardships tipping sharply in their favor, irreparable harm from the unconstitutional deprivation of liberty, and the balance of equities and public interest favoring them.

Questions Presented

1. Whether the petitioners' arrest and detention without a warrant or explanation, after being released on recognizance, violated their Fifth Amendment substantive due process rights
2. Whether the petitioners were deprived of procedural due process because they were not given an opportunity to contest their detention before a neutral decisionmaker prior to being taken into custody
3. Whether a temporary restraining order requiring immediate release and a pre-detention hearing is warranted

Disposition

other