Miriam Francisca Ruiz Diaz v. Christopher J. Larose, et al.

Summary

The United States District Court for the Southern District of California grants Miriam Francisca Ruiz Diaz's petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court holds that her re-detention by immigration officials after release on her own recognizance, without notice or a pre-detention hearing, violated the Due Process Clause of the Fifth Amendment, and orders her immediate release subject to the prior release conditions.

Holdings

1. A person released from immigration custody on her own recognizance has a protectable liberty interest in remaining out of custody.
2. Re-detaining a person who had been released from immigration custody on her own recognizance, without notice or a pre-detention hearing, violated the Due Process Clause of the Fifth Amendment.
3. Petitioner was entitled to a writ of habeas corpus because her detention violated the Fifth Amendment.

Questions Presented

1. Whether Petitioner had a protectable liberty interest in remaining out of immigration custody after being released on her own recognizance.
2. Whether re-detaining Petitioner without notice or a pre-detention hearing violated the Due Process Clause of the Fifth Amendment.
3. Whether Petitioner was entitled to habeas relief and an order requiring release from custody.

Disposition

writ_granted