Juana Bebsabe Flores Lara v. Christopher J. LaRose, Senior Warden, Otay Mesa Detention Center, et al.

Summary

The U.S. District Court for the Southern District of California granted Juana Bebsabe Flores Lara’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court held that her challenge to the legality of her immigration detention was not barred by 8 U.S.C. § 1252(g), and that respondents had not shown compliance with applicable regulations governing revocation of her order of supervision. The court ordered her immediate release subject to the conditions of her preexisting order of supervision and vacated the scheduled hearing.

Holdings

1. Section 1252(g) did not bar the petition because petitioner challenged the legality of her detention rather than a removal order or the decision to execute a removal order.
2. Respondents' failure to establish compliance with the requirements of 8 C.F.R. §§ 241.4 and 241.13 rendered petitioner's detention unlawful, requiring her release.
3. Petitioner was prejudiced by the unlawful deprivation of her liberty and was not required to show that the agency could not have lawfully revoked her supervision or that a lawful revocation would have produced a different result.

Questions Presented

1. Whether 8 U.S.C. § 1252(g) deprived the district court of jurisdiction over petitioner's challenge to the legality of her detention.
2. Whether respondents' failure to comply with the procedural requirements of 8 C.F.R. §§ 241.4 and 241.13 rendered petitioner's detention unlawful.
3. Whether petitioner was required to establish prejudice from the agency's failure to follow its own regulations.

Disposition

writ_granted