Miguel Angel Tercero Briones v. Christopher J. LaRose, Senior Warden, Otay Mesa Detention Center, et al.

Summary

The United States District Court for the Southern District of California grants Miguel Angel Tercero Briones’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court holds that immigration officials unlawfully detained Briones by revoking his release without providing notice of the revocation or the required informal interview, violating applicable regulations and due process. Respondents are ordered to immediately release him subject to his preexisting Order of Supervision.

Holdings

1. Sections 1252(g) and 1252(b)(9) did not bar jurisdiction because Petitioner challenged the legality of his detention rather than the validity of his removal order, the commencement of removal proceedings, or an act to execute a removal order.
2. ICE's failure to provide Petitioner with notice of revocation and an informal interview before revoking his release violated his due process rights and rendered his detention unlawful.
3. Petitioner was prejudiced by ICE's failure to comply with its own regulations because he was deprived of due process protections, including sufficient notice and a prompt interview to respond to the reasons for revocation.

Questions Presented

1. Whether 8 U.S.C. § 1252(g) or § 1252(b)(9) barred the district court's jurisdiction over Petitioner's challenge to the legality of his continued detention.
2. Whether ICE's failure to provide notice of revocation and an informal interview before revoking Petitioner's release violated due process and rendered his detention unlawful.
3. Whether Petitioner was prejudiced by ICE's failure to comply with its own regulations governing revocation of release.

Disposition

writ_granted