Reza Aghajavadyha v. Kristi Noem, et al.

Summary

The United States District Court for the Southern District of California granted Reza Aghajavadyha’s petition for a writ of habeas corpus concerning his re-detention by immigration authorities. The court held that the government’s conclusory notice of changed circumstances was insufficient and deprived him of a meaningful opportunity to challenge his detention. The petition was granted as to count one, with the remaining claims denied as moot.

Holdings

1. A written re-detention notice that merely states conclusorily that changed circumstances exist, without identifying what those changes are, is insufficient. Because the notice did not inform Petitioner of the changed circumstances, his re-detention was unlawful.
2. A person subject to re-detention is entitled to a prompt interview with an open-minded officer to consider the person's rebuttal to detention.

Questions Presented

1. Whether immigration authorities unlawfully re-detained Petitioner without providing written notice identifying the changed circumstances supporting re-detention.
2. Whether Petitioner was entitled to the procedural protections applicable to re-detention under 8 C.F.R. § 241.13, including notice and a prompt interview.

Disposition

writ_granted