Diego Alejandro Lara Urriola v. Christopher J. LaRose, et al.

Summary

The United States District Court for the Southern District of California granted Diego Alejandro Lara Urriola’s petition for a writ of habeas corpus. The court held that his re-detention was governed by 8 U.S.C. § 1226(a), rejected the jurisdictional challenge, and found that Respondents had not addressed the merits of his Administrative Procedure Act and due process claims. The court ordered his immediate release subject to the terms of his previous release.

Holdings

1. The court had jurisdiction to consider Petitioner's claims challenging his re-detention under the APA and the Fifth Amendment.
2. Petitioner's re-detention was governed by 8 U.S.C. § 1226(a), not 8 U.S.C. § 1225(b)(2)(A).
3. The petition was granted and Respondents were ordered to release Petitioner immediately, subject to the terms of his previous release, because Respondents failed to rebut the merits of his APA and Fifth Amendment claims.

Questions Presented

1. Whether the court had jurisdiction to consider Petitioner's challenges to his immigration re-detention under the Administrative Procedure Act and the Fifth Amendment.
2. Whether Petitioner's re-detention was governed by 8 U.S.C. § 1226(a) rather than 8 U.S.C. § 1225(b)(2)(A).
3. Whether Petitioner was entitled to habeas relief and release where Respondents failed to rebut his claims that the revocation of his release violated the APA and procedural due process.

Disposition

writ_granted