1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 EULICES ANTONIO CHAVES RIVERA, Case No. 3:25-cv-10474-BLF
8 Petitioner, ORDER GRANTING EX PARTE 9 v. APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER 10 SERGIO ALBARRAN, et al., TO SHOW CAUSE 11 Defendants. [Re: ECF No. 2]
12 13 Before the Court is Petitioner Eulices Antonio Chaves Rivera’s Ex Parte Application for a 14 Temporary Restraining Order (“TRO”). ECF No. 2. Mr. Rivera filed his Petition for Writ of 15 Habeas Corpus followed by an Ex Parte Application for Temporary Restraining Order against 16 Respondents Acting Field Office Director of the San Francisco Immigration and Customs 17 Enforcement (“ICE”) Office Sergio Albarran; Acting Director of ICE Todd M. Lyons, Secretary 18 of the Department of Homeland Security (“DHS”) Kristi Noem, and United States Attorney 19 General Pamela Bondi on December 5, 2025, seeking an order temporarily enjoining Respondents 20 from detaining him until such time as he has had an opportunity to challenge his detention before a 21 neutral decisionmaker. ECF No. 1 (“Pet.”). 22 The application is GRANTED. 23 I. BACKGROUND 24 According to the petition and request for TRO submitted by Mr. Rivera, Mr. Rivera is an 25 asylum seeker who fled Colombia when he was forty years old and has been in the United States 26 for more than three years. He has no criminal history. He was initially detained on August 10, 27 2022, and later paroled on September 12, 2022. Pet. ¶¶ 2, 6. Mr. Rivera was released with an 1 He submitted his application for asylum in August 2023, which was dismissed on June 12, 2025. 2 He was then scheduled for a credible fear interview and he remained in compliance with all 3 reporting requirements. Pet. ¶ 7. He missed his scheduled credible fear interview on November 7, 4 2025, because the notice was mailed to an old address, even though he had previously filed a Form 5 AR-11 Change of Address with United States Citizenship and Immigration Services (“USCIS”). 6 In compliance with instructions from ICE, Mr. Rivera presented himself for a scheduled 7 check-in at the San Francisco ICE Field Office located at 630 Sansome Street on December 5, 8 2025. Pet. ¶ 9. Mr. Rivera’s appointment was for December 4, 2025, but he confused the dates 9 and presented himself at the office the next day. Pet. ¶ 9. ICE agents arrested Mr. Rivera and 10 took him into custody without providing any known reason for the detention, despite his 11 compliance history and while DHS was actively coordinating with counsel regarding the 12 rescheduling of his credible fear interview. Pet. ¶ 10. 13 Mr. Rivera alleges that his arrest and detention have caused immense psychological, 14 economic, and physical harm, including deprivation of hygiene, sleep, and nutrition. Pet. ¶ 10. 15 II. LEGAL STANDARD 16 The standard for issuing a temporary restraining order is identical to the standard for 17 issuing a preliminary injunction. See Washington v. Trump, 847 F.3d 1151, 1159 n.3 (9th Cir. 18 2017) (“[T]he legal standards applicable to TROs and preliminary injunctions are substantially 19 identical.” (internal quotation marks and citation omitted)). An injunction is a matter of equitable 20 discretion and is “an extraordinary remedy that may only be awarded upon a clear showing that 21 the plaintiff is entitled to such relief.” Winter v. Natural Resources Defense Council, Inc., 22 555 U.S. 7, 22 (2008). And “a TRO ‘should be restricted to . . . preserving the status quo and 23 preventing irreparable harm just so long as is necessary to hold a [preliminary injunction] hearing 24 and no longer.’” E. Bay Sanctuary Covenant v. Trump, 932 F.3d 742, 779 (9th Cir. 2018) 25 (quoting Granny Goose Foods, Inc. v. Bhd. of Teamsters & Auto Truck Drivers Local No. 70, 26 415 U.S. 423, 439 (1974)). 27 A plaintiff seeking preliminary injunctive relief must establish “[1] that he is likely to 1 relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in the public 2 interest.” Winter, 555 U.S. at 20. “[I]f a plaintiff can only show that there are serious questions 3 going to the merits—a lesser showing than likelihood of success on the merits—then a preliminary 4 injunction may still issue if the balance of hardships tips sharply in the plaintiff’s favor, and the 5 other two Winter factors are satisfied.” Friends of the Wild Swan v. Weber, 767 F.3d 936, 942 6 (9th Cir. 2014) (internal quotation marks and citations omitted). “[W]hen the Government is the 7 opposing party,” the final two factors “merge.” Nken v. Holder, 556 U.S. 418, 435 (2009). 8 III. DISCUSSION 9 As a preliminary matter, the Court finds that the requirements for issuing a temporary 10 restraining order without notice set out in Federal Rule of Civil Procedure 65(b)(1) are met in this 11 case. Mr. Rivera’s counsel has set out specific facts showing that immediate and irreparable 12 injury, loss, or damage may result before the adverse party can be heard in opposition. 13 The Court finds that Mr. Rivera has shown at least that there are “serious questions going 14 to the merits” and that “the balance of hardships tips sharply” in his favor. Weber, 767 F.3d 15 at 942. Under the Due Process Clause of the Fifth Amendment to the United States Constitution, 16 no person shall be “deprived of life, liberty, or property, without due process of law.” U.S. Const. 17 amend. V. “Freedom from imprisonment—from government custody, detention, or other forms of 18 physical restraint—lies at the heart of the liberty that Clause protects.” Zadvydas v. Davis, 19 533 U.S. 678, 690 (2001) (citing Foucha v. Louisiana, 504 U.S. 71, 80 (1992)). 20 Courts have previously found that individuals released from immigration custody on bond 21 have a protectable liberty interest in remaining out of custody on bond. See Ortiz Vargas 22 v. Jennings, No. 20-cv-05785, 2020 WL 5074312, at *3 (N.D. Cal. Aug. 23, 2020); Ortega 23 v. Bonnar, 415 F. Supp. 3d 963, 969 (N.D. Cal. 2019) (“Just as people on preparole, parole, and 24 probation status have a liberty interest, so too does Ortega have a liberty interest in remaining out 25 of custody on bond.”); Romero v. Kaiser, No. 22-cv-02508, 2022 WL 1443250, at *2 (N.D. Cal. 26 May 6, 2022) (“[T]his Court joins other courts of this district facing facts similar to the present 27 case and finds Petitioner raised serious questions going to the merits of his claim that due process 1 2021 WL 783561, at *2 (N.D. Cal. Mar. 1, 2021). 2 For similar reasons as those discussed in the aforementioned cases, this Court finds that the 3 three factors relevant to the due process inquiry set out in Mathews v. Eldridge, 424 U.S. 319 4 (1976)—“the private interest that will be affected by the official action,” “the risk of an erroneous 5 deprivation . . .
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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 EULICES ANTONIO CHAVES RIVERA, Case No. 3:25-cv-10474-BLF
8 Petitioner, ORDER GRANTING EX PARTE 9 v. APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER 10 SERGIO ALBARRAN, et al., TO SHOW CAUSE 11 Defendants. [Re: ECF No. 2]
12 13 Before the Court is Petitioner Eulices Antonio Chaves Rivera’s Ex Parte Application for a 14 Temporary Restraining Order (“TRO”). ECF No. 2. Mr. Rivera filed his Petition for Writ of 15 Habeas Corpus followed by an Ex Parte Application for Temporary Restraining Order against 16 Respondents Acting Field Office Director of the San Francisco Immigration and Customs 17 Enforcement (“ICE”) Office Sergio Albarran; Acting Director of ICE Todd M. Lyons, Secretary 18 of the Department of Homeland Security (“DHS”) Kristi Noem, and United States Attorney 19 General Pamela Bondi on December 5, 2025, seeking an order temporarily enjoining Respondents 20 from detaining him until such time as he has had an opportunity to challenge his detention before a 21 neutral decisionmaker. ECF No. 1 (“Pet.”). 22 The application is GRANTED. 23 I. BACKGROUND 24 According to the petition and request for TRO submitted by Mr. Rivera, Mr. Rivera is an 25 asylum seeker who fled Colombia when he was forty years old and has been in the United States 26 for more than three years. He has no criminal history. He was initially detained on August 10, 27 2022, and later paroled on September 12, 2022. Pet. ¶¶ 2, 6. Mr. Rivera was released with an 1 He submitted his application for asylum in August 2023, which was dismissed on June 12, 2025. 2 He was then scheduled for a credible fear interview and he remained in compliance with all 3 reporting requirements. Pet. ¶ 7. He missed his scheduled credible fear interview on November 7, 4 2025, because the notice was mailed to an old address, even though he had previously filed a Form 5 AR-11 Change of Address with United States Citizenship and Immigration Services (“USCIS”). 6 In compliance with instructions from ICE, Mr. Rivera presented himself for a scheduled 7 check-in at the San Francisco ICE Field Office located at 630 Sansome Street on December 5, 8 2025. Pet. ¶ 9. Mr. Rivera’s appointment was for December 4, 2025, but he confused the dates 9 and presented himself at the office the next day. Pet. ¶ 9. ICE agents arrested Mr. Rivera and 10 took him into custody without providing any known reason for the detention, despite his 11 compliance history and while DHS was actively coordinating with counsel regarding the 12 rescheduling of his credible fear interview. Pet. ¶ 10. 13 Mr. Rivera alleges that his arrest and detention have caused immense psychological, 14 economic, and physical harm, including deprivation of hygiene, sleep, and nutrition. Pet. ¶ 10. 15 II. LEGAL STANDARD 16 The standard for issuing a temporary restraining order is identical to the standard for 17 issuing a preliminary injunction. See Washington v. Trump, 847 F.3d 1151, 1159 n.3 (9th Cir. 18 2017) (“[T]he legal standards applicable to TROs and preliminary injunctions are substantially 19 identical.” (internal quotation marks and citation omitted)). An injunction is a matter of equitable 20 discretion and is “an extraordinary remedy that may only be awarded upon a clear showing that 21 the plaintiff is entitled to such relief.” Winter v. Natural Resources Defense Council, Inc., 22 555 U.S. 7, 22 (2008). And “a TRO ‘should be restricted to . . . preserving the status quo and 23 preventing irreparable harm just so long as is necessary to hold a [preliminary injunction] hearing 24 and no longer.’” E. Bay Sanctuary Covenant v. Trump, 932 F.3d 742, 779 (9th Cir. 2018) 25 (quoting Granny Goose Foods, Inc. v. Bhd. of Teamsters & Auto Truck Drivers Local No. 70, 26 415 U.S. 423, 439 (1974)). 27 A plaintiff seeking preliminary injunctive relief must establish “[1] that he is likely to 1 relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in the public 2 interest.” Winter, 555 U.S. at 20. “[I]f a plaintiff can only show that there are serious questions 3 going to the merits—a lesser showing than likelihood of success on the merits—then a preliminary 4 injunction may still issue if the balance of hardships tips sharply in the plaintiff’s favor, and the 5 other two Winter factors are satisfied.” Friends of the Wild Swan v. Weber, 767 F.3d 936, 942 6 (9th Cir. 2014) (internal quotation marks and citations omitted). “[W]hen the Government is the 7 opposing party,” the final two factors “merge.” Nken v. Holder, 556 U.S. 418, 435 (2009). 8 III. DISCUSSION 9 As a preliminary matter, the Court finds that the requirements for issuing a temporary 10 restraining order without notice set out in Federal Rule of Civil Procedure 65(b)(1) are met in this 11 case. Mr. Rivera’s counsel has set out specific facts showing that immediate and irreparable 12 injury, loss, or damage may result before the adverse party can be heard in opposition. 13 The Court finds that Mr. Rivera has shown at least that there are “serious questions going 14 to the merits” and that “the balance of hardships tips sharply” in his favor. Weber, 767 F.3d 15 at 942. Under the Due Process Clause of the Fifth Amendment to the United States Constitution, 16 no person shall be “deprived of life, liberty, or property, without due process of law.” U.S. Const. 17 amend. V. “Freedom from imprisonment—from government custody, detention, or other forms of 18 physical restraint—lies at the heart of the liberty that Clause protects.” Zadvydas v. Davis, 19 533 U.S. 678, 690 (2001) (citing Foucha v. Louisiana, 504 U.S. 71, 80 (1992)). 20 Courts have previously found that individuals released from immigration custody on bond 21 have a protectable liberty interest in remaining out of custody on bond. See Ortiz Vargas 22 v. Jennings, No. 20-cv-05785, 2020 WL 5074312, at *3 (N.D. Cal. Aug. 23, 2020); Ortega 23 v. Bonnar, 415 F. Supp. 3d 963, 969 (N.D. Cal. 2019) (“Just as people on preparole, parole, and 24 probation status have a liberty interest, so too does Ortega have a liberty interest in remaining out 25 of custody on bond.”); Romero v. Kaiser, No. 22-cv-02508, 2022 WL 1443250, at *2 (N.D. Cal. 26 May 6, 2022) (“[T]his Court joins other courts of this district facing facts similar to the present 27 case and finds Petitioner raised serious questions going to the merits of his claim that due process 1 2021 WL 783561, at *2 (N.D. Cal. Mar. 1, 2021). 2 For similar reasons as those discussed in the aforementioned cases, this Court finds that the 3 three factors relevant to the due process inquiry set out in Mathews v. Eldridge, 424 U.S. 319 4 (1976)—“the private interest that will be affected by the official action,” “the risk of an erroneous 5 deprivation . . . and the probable value, if any, of additional or substitute procedural safeguards,” 6 and “the Government’s interest, including the function involved and the fiscal and administrative 7 burdens that the additional or substitute procedural requirement would entail,” id. at 335—require 8 that Mr. Rivera be immediately released from custody, and that he be given notice and a pre- 9 detention hearing before a neutral decisionmaker prior to being taken back into custody. 10 Mr. Rivera has a substantial private interest in remaining out of custody, which would 11 allow him to live at home, work, and continue to provide for his family. See Morrissey v. Brewer, 12 408 U.S. 471, 482 (1972). There is also a risk of erroneous deprivation that the additional 13 procedural safeguard of a pre-detention hearing would help protect against. Like other courts in 14 this district, this Court concludes that the government’s interest in re-detaining Mr. Rivera without 15 a hearing is “low,” particularly in light of the fact that he has appeared for prior immigration 16 hearings and does not have a criminal record. See Jorge M.F., 2021 WL 783561, at *3; Ortega, 17 415 F. Supp. 3d at 970. Mr. Rivera is also likely to suffer immediate and irreparable harm in the 18 absence of preliminary relief. The Ninth Circuit has recognized “irreparable harms imposed on 19 anyone subject to immigration detention,” including “the economic burdens imposed on detainees 20 and their families as a result of detention.” Hernandez v. Sessions, 872 F.3d 976, 995 (9th Cir. 21 2017). Those risks are present here. 22 Finally, the balance of the equities and the public interest, which merge because the 23 government is the opposing party, tip sharply in Mr. Rivera’s favor. “[T]he public has a strong 24 interest in upholding procedural protections against unlawful detention, and the Ninth Circuit has 25 recognized that the costs to the public of immigration detention are staggering.” Jorge M. F., 26 2021 WL 783561, at *3 (cleaned up) (quoting Ortiz Vargas, 2020 WL 5074312, at *4, and then 27 quoting Hernandez, 872 F.3d at 996); see also Preminger v. Principi, 422 F.3d 815, 826 (9th Cir. 1 violated, because all citizens have a stake in upholding the Constitution.”). 2 Without the requested injunctive relief, Mr. Rivera faces deprivation of his liberty. The 3 comparative harm potentially imposed on Respondents is minimal—a mere short delay in 4 detaining Mr. Rivera, should the government ultimately show that detention is intended and 5 warranted. Moreover, a party “cannot reasonably assert that it is harmed in any legally cognizable 6 sense by being enjoined from constitutional violations.” Zepeda v. U.S. Immigr. & Nat. Serv., 7 753 F.2d 719, 727 (9th Cir. 1983). This Court therefore joins a series of other district courts that 8 have recently granted TROs barring the government from detaining noncitizens who have been on 9 longstanding release in their immigration proceedings, without first holding a pre-deprivation 10 hearing before a neutral decisionmaker. See, e.g., Oliveros v. Kaiser, No. 25-cv-07117-BLF, 11 2025 WL 3290223 at *2 (N.D. Cal. Aug. 22, 2025); Diaz v. Kaiser, No. 25-cv-05071, 2025 WL 12 1676854, at *2 (N.D. Cal. June 14, 2025); Garcia v. Bondi, No. 25-cv-05070, 2025 WL 1676855, 13 at *3 (N.D. Cal. June 14, 2025). 14 Although Mr. Rivera filed his motion shortly after being detained, rather than immediately 15 beforehand, the same reasoning applies to his situation. His liberty interest is equally serious, the 16 risk of erroneous deprivation is likewise high, and the government’s interest in continuing to 17 detain him without the required hearing is low. See Doe v. Becerra, No. 25-cv-00647-DJC-DMC, 18 2025 WL 691664, at *6 (E.D. Cal. Mar. 3, 2025) (granting a TRO as to an individual who had 19 been detained over a month earlier). Mr. Rivera’s immediate release is required to return him to 20 the status quo. The status quo refers to “the last uncontested status which preceded the pending 21 controversy.” Doe v. Noem, No. 25-cv-00633, 2025 WL 1141279, at *9 (W.D. Wash. Apr. 17, 22 2025) (citing GoTo.com, Inc. v. Walt Disney Co., 202 F.3d 1199, 1210 (9th Cir. 2000)). That is the 23 moment prior to Mr. Rivera’s likely illegal detention. See Kuzmenko v. Phillips, No. 25-cv-00663, 24 2025 WL 779743, at *2 (E.D. Cal. Mar. 10, 2025) (granting a TRO requiring immediate release of 25 the petitioner back to home confinement from custody, as a restoration of the status quo). 26 Accordingly, the Court hereby GRANTS Mr. Rivera’s Ex Parte Motion for a Temporary 27 Restraining Order. Under Federal Rule of Civil Procedure 65, a court “may issue a preliminary 1 court considers proper to pay the costs and damages sustained by any party found to have been 2 wrongfully enjoined or restrained.” Fed. R. Civ. P. 65(c). The rule “invests the district court ‘with 3 discretion as to the amount of security required, if any,’” and the court “may dispense with the 4 filing of a bond when it concludes there is no realistic likelihood of harm to the defendant from 5 enjoining his or her conduct.” Jorgensen v. Cassiday, 320 F.3d 906, 919 (9th Cir. 2003) (quoting 6 Barahona–Gomez v. Reno, 167 F.3d 1228, 1237 (9th Cir. 1999)). In this case, in light of the 7 minimal risk of harm to the government, the Court determines that security is not required. 8 IV. ORDER 9 IT IS HEREBY ORDERED that: 10 (1) Mr. Rivera’s request is GRANTED to preserve the status quo pending further briefing 11 and a hearing on this matter. 12 (2) Respondents are ENJOINED from transferring Mr. Rivera out of this district or 13 deporting him pending these proceedings. 14 (3) Respondents are ORDERED to immediately release Mr. Rivera and ENJOINED AND 15 RESTRAINED from re-detaining Mr. Rivera without notice and a pre-deprivation 16 hearing before a neutral decisionmaker. This Order shall remain in effect until 17 December 19, 2025, at 4:45 p.m. 18 (4) The Petition for Writ of Habeas Corpus, Motion for Temporary Restraining Order, and 19 this Order SHALL be served on Respondents such that they receive actual notice as 20 soon as practicable, and no later than December 8, at 5:00 p.m., and Mr. Rivera shall 21 file proof of such service by no later than December 9, 2025, at 5:00 p.m. Email 22 service is permitted. 23 (5) Respondents shall provide a status report confirming Mr. Rivera’s release by 24 December 9, 2025, at 5:00 p.m. 25 (6) Respondents are ORDERED TO SHOW CAUSE in-person at a hearing before the 26 undersigned on December 15, 2025, at 9:00 a.m., why a preliminary injunction should 27 not issue. Respondents shall file a response to Mr. Rivera’s motion by no later than 1 at 12:00 p.m. 2 Dated: December 5, 2025, at 4:45 p.m. | ; 3 BETH LABSON FREEMAN 4 United States District Judge 5 6 7 8 9 10 11 12
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