Lidia Batalla Nava v. Warden Randy Tate, et al.

Summary

The United States District Court for the Southern District of Texas grants Lidia Batalla Nava’s petition for a writ of habeas corpus challenging her immigration detention under 8 U.S.C. § 1225(b)(2). The court holds that detention without an individualized assessment, notice, or opportunity to be heard violated her procedural due process rights under the Mathews v. Eldridge framework. The court denies the respondents’ motion for summary judgment and orders her release within 48 hours, subject to specified conditions and reporting requirements.

Holdings

1. Detention under 8 U.S.C. § 1225(b)(2) as applied to Petitioner Lidia Batalla Nava, who has lived in the United States for approximately 30 years, has no criminal record, and poses no danger or flight risk, violates her procedural due process rights under the Fifth Amendment because the statute provides no mechanism for an individualized hearing to assess whether her continued detention is justified.

Questions Presented

1. Whether the petitioner's detention under 8 U.S.C. § 1225(b)(2) without an individualized hearing violates the Due Process Clause of the Fifth Amendment as applied to her.

Disposition

writ_granted