1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HARJINDER SINGH, Case No. 1:26-cv-00179-JLT-HBK (HC) 12 Petitioner, FINDINGS AND RECOMMENDATIONS TO GRANT PETITION FOR WRIT OF HABEAS 13 v. CORPUS1 14 WARDEN OF THE GOLDEN STATE (Doc. 1) ANNEX DETENTION FACILITY, et al., 15 Respondents. FIVE-DAY OBJECTION PERIOD 16 17 18 Petitioner Harjinder Singh, an immigrant detainee in U.S. Immigration Customs and 19 Enforcement (“ICE”) custody at the Golden State Annex Detention Facility in McFarland, 20 California, initiated this action by filing a pro se petition for writ of habeas corpus under 28 21 U.S.C. § 2241 on January 9, 2026. (Doc. 1, “Petition”). The Petition raises the following claims 22 for relief: (1) his prolonged detention without a bond hearing is a violation of the due process 23 clause of the Fifth Amendment, (2) his continued detention is in violation of the Immigration and 24 Naturalization Act (“INA”), and (3) his detention is in violation of the Administrative Procedure 25 Act. (Id. at 12-15). As relief, the Petition seeks, inter alia, release from custody or, in the 26 1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 27 (E.D. Cal. 2025).
28 1 alternative, the Court to order Respondent to schedule a bond hearing before an immigration 2 judge. (Id. at 15-16). On January 29, 2026, Petitioner filed a motion for temporary restraining 3 order, which was denied by the assigned district judge as untimely on February 2, 2026. (Docs. 4 6, 9). 5 In response to the Petition, Respondent submits a 2-page cursory argument that the Court 6 should deny the Petition because, (1) Petitioner is subject to mandatory detention under 8 U.S.C. 7 § 1225(b)(2) as an “applicant for admission,” and is therefore ineligible for a bond hearing; and 8 (2) Petitioner “does not possess a right to freedom from immigration detention in any form other 9 than the form provided by Congress.” (Doc. 14 at 1-2).2 Petitioner did not file a reply, and the 10 deadline to do so has passed. (See docket). 11 Significant to the consideration of the Petition is Petitioner’s status as an Indian citizen 12 who was detained at the border but later released. The undersigned recommends the district court 13 grant the Petition as to Petitioner’s procedural due process claims for the reasons set forth below.3 14 I. BACKGROUND4 15 Petitioner is a native and citizen of India who entered the United States without inspection 16 on or about March 4, 2023 to “seek refuge by applying for asylum.” (Doc 1 at 2, 10-11). 17 Petitioner was issued a Notice to Appear and Respondents initiated removal proceedings under 8 18 U.S.C. § 1229a. (Id. at 10-11; Doc. 14 (noting Petitioner was placed into removal proceedings
19 2 The response also includes a footnote outlining district court cases within the Ninth Circuit that have recently vacated or stayed the Department of Homeland Security’s July 8, 2025 Interim Guidance 20 Regarding Detention Authority for Applications for Admission, and appeals regarding the application of § 1225(b)(2) and “the question of due process in the context of re-detention” that are currently pending 21 before the Ninth Circuit. (Doc. 14 at 1, n1 (citing, e.g., Maldonado Bautista v. Noem, 2025 WL 3713987 22 (C.D. Cal. Dec. 18, 2025); Garro Pinchi v. Noem, 2025 WL 3691938 (N.D. Cal. Dec. 19, 2025); Rodriguez v. Bostock, No. 25-6842 (9th Cir.); Benavides Carballo v. Andrews, No. 25-6533 (9th Cir.)). 23 However, Respondents do not identify the relevance of these cases for the Court’s consideration of the instant matter, nor does the instant Petition assert any claims relying on these cases. 24 3 In light of the Court’s conclusion that Petitioner’s re-detention was in violation of his procedural due process rights under the Fifth Amendment, and recommendation that Petitioner be released immediately, 25 the Court declines to address Petitioner’s additional claims for relief. 4 The facts articulated in this section come from Petitioners verified petition. A court “may treat the 26 allegations of a verified ... petition [for writ of habeas corpus] as an affidavit.” L. v. Lamarque, 351 F.3d 919, 924 (9th Cir. 2003) (citing McElyea v. Babbitt, 833 F.2d 196, 197–98 (9th Cir. 1987). Despite the 27 Court’s Order directing the response to the petition to include all referenced/relevant portions of Petitioner’s A-file and specific documents if provided to the Petitioner (See Doc. 4 at 2), Respondents 28 failed to file any relevant documents to assist in resolving the issues presented in the Petition. 1 and released)). Petitioner alleges he has applied for asylum. (Id. at 11). Prior to his re-detention, 2 Petitioner resided in Fresno, California. (Id.). Petitioner has been in ICE custody since 3 September 2025. (Id. at 5). In December 2025, the Immigration Judge (“IJ”) denied his request 4 for a custody redetermination for lack of jurisdiction, relying on Matter of Yajure Hurtado, 29 5 I&N Dec. 216 (BIA 2025). (Id. at 11). 6 At the time the Petition was filed, Petitioner remains detained in ICE custody at the 7 Golden State Annex Detention Facility. (Id. at 3). Before he was re-detained, Petitioner claims 8 he timely appeared for all required court hearings and has no criminal history. (Id. at 11-12). 9 II. APPLICABLE LAW AND ANALYSIS 10 A district court may grant a writ of habeas corpus when the petitioner “is in custody in 11 violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241(c)(3). As 12 pertinent here, “district courts retain jurisdiction under 28 U.S.C. § 2241 to consider habeas 13 challenges to immigration detention that are sufficiently independent of the merits of [a] removal 14 order.” Lopez-Marroquin v. Barr, 955 F.3d 759, 759 (9th Cir. 2020) (citing Singh v. Holder, 638 15 F.3d 1196, 1211–12 (9th Cir. 2011)); see also Jennings v. Rodriguez, 538 U.S. 281, 294 (2018). 16 A. Statutory and Legal Framework 17 As background, the Court will briefly outline the statutory framework of detention 18 authority under the INA, and the recent shift in long-standing practice by Executive agencies in 19 interpreting these statues. 20 1. Mandatory Detention under 8 U.S.C. § 1225(b) 21 Title 8 U.S.C. § 1225, titled “Inspection by immigration officers; expedited removal of 22 inadmissible arriving aliens; referral for hearing,” states that an “alien present in the United States 23 who has not been admitted or arrives in the United States … shall be deemed for purposes of this 24 chapter an applicant for admission.” 8 U.S.C. § 1225(a)(1). “Applicants for admission must ‘be 25 inspected by immigration officers’ to ensure that they may be admitted into the country consistent 26 with U.S. immigration law.” Jennings, 583 U.S. at 287 (quoting § 1225(a)(3)). Pursuant to § 27 1225(b)(1), if an immigration officer determines that an arriving alien is inadmissible, and the 28 alien does not indicate an intention to apply for asylum or a fear of persecution, “the officer 1 [must] order the alien removed from the United States without further hearing or review.” § 2 1225(b)(1)(A)(i); 8 U.S.C. § 1182(a)(7). As relevant here, pursuant to § 1225(b)(2)(A), subject to 3 certain exceptions, “in the case of an alien who is an applicant for admission, if the examining 4 officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be 5 admitted, the alien shall be detained for a proceeding under 1229a of this title.” § 1225(b)(2)(A) 6 (emphasis added). “Applicants for admission” may be temporarily released on parole only “for 7 urgent humanitarian reasons or significant public benefit.” Jennings, 583 U.S. at 288 (quoting 8 8 U.S.C. § 1182(d)(5)(A) and citing 8 C.F.R §§ 212.5(b), 235.3 (2017)). As explained by the 9 Supreme Court in Jennings v. Rodriguez, 10 [r]ead most naturally, §§ 1225(b)(1) and (b)(2) … mandate detention of applicants for admission until certain proceedings have concluded. 11 Section 1225(b)(1) aliens are detained for “further consideration of the application for asylum,” and § 1225(b)(2) aliens are in turn 12 detained for “[removal] proceeding[s].” Once those proceedings end, detention under § 1225(b) must end as well. Until that point, 13 however, nothing in the statutory text imposes any limit on the length of detention. And neither § 1225(b)(1) nor § 1225(b)(2) says 14 anything whatsoever about bond hearings. 15 583 U.S. at 297. 16 2. Discretionary Detention under 8 U.S.C. § 1226(a)5 17 Title 8 U.S.C. § 1226, titled “Apprehension and detention of aliens,” instructs that “[o]n a 18 warrant issued by the Attorney General, an alien may be arrested and detained pending a decision 19 on whether the alien is to be removed from the United States.” Pursuant to § 1226(a) the 20 government has broad discretion whether to continue to detain the arrested alien or release the 21 alien on (A) bond of at least $1,500 … or (B) conditional parole. § 1226(a); Rodriguez Diaz v. 22 Garland, 53 F.4th 1189, 1196 (9th Cir. 2022) (citing 8 C.F.R. § 236.1(c)(8)) (noting an ICE 23 officer makes the initial custody determination when a person is apprehended under § 1226(a) 24
25 5 Section 1226(c) “carves out a statutory category of aliens who may not be released under § 1226(a),” mandating detention for an alien apprehended under § 1226 “who falls into one of several enumerated 26 categories involving criminal offenses.” Jennings, 583 U.S. at 289 (emphasis in original). In January 2025, the Laken Riley Act (“LRA”) amended § 1226(c) to add a new category of alien ineligible for 27 release under § 1226(a), including aliens deemed “inadmissible” for being “present in the United States without being admitted or paroled,” who have been arrested for, charged with, or convicted of certain 28 crimes. LRA, Pub. L. No. 119-1 (Jan. 29, 2025); see 8 U.S.C. § 1182(a)(6)(A)(i), § 1226(c)(1)(E). 1 and may release the alien if he or she “demonstrate[s] to the satisfaction of the officer that such 2 release would not pose a danger to property or persons, and that the alien is likely to appear for 3 any future proceeding.”). Section 1226 also provides that “a detainee may request a bond hearing 4 before an IJ at any time before a removal order becomes final,” and may request an additional 5 bond hearing if he or she can demonstrate a material change in circumstances. Id. at 1197 (citing 6 8 C.F.R. § 236.1(d)(1), 1003.19(e)). 7 “Federal regulations provide that aliens detained under § 1226(a) receive bond hearings at 8 the outset of detention.” Jennings, 583 U.S. at 306 (citing 8 C.F.R. § 236.1(d)(1)). To obtain 9 release, the detainee must demonstrate by the preponderance of the evidence that he or she is “not 10 a threat to national security, a danger to the community at large, likely to abscond, or otherwise a 11 poor bail risk.” Matter of Guerra, 24 I.& N. Dec. 37, 40 (B.I.A. 2006); Ortega-Cervantes v. 12 Gonzales, 501 F.3d 1111, 1115 (9th Cir. 2007). After discretionary release under § 1226(a), the 13 government retains authority “at any time” to revoke bond or conditional parole, rearrest the alien 14 under the original warrant, and detain the alien. § 1226(b). However, “if an immigration judge 15 has determined the noncitizen should be released, the DHS may not re-arrest that noncitizen 16 absent a change in circumstance. Where the release decision was made by a DHS officer, not an 17 immigration judge, the Government’s practice has been to require a showing of changed 18 circumstance before re-arrest.” M.R.R. v. Chestnut, 2025 WL 3265446, at *3 (E.D. Cal. Nov. 24, 19 2025) (internal citations omitted); Martinez Hernandez v. Andrews, 2025 WL 2495756, at *10 20 (E.D. Cal. Aug. 28, 2025) (noting that while statute allows for rearrest at any time, “this does not 21 mean that DHS may exercise its discretion in a manner that is inconsistent with constitutional 22 requirements.”). 23 3. Government’s Change in Position 24 “Until this year, the DHS has applied § 1226(a) and its discretionary release and review of 25 detention to the vast majority of noncitizens allegedly in this country without valid 26 documentation.” Salcedo Aceros v. Kaiser, 2025 WL 2637503, at *3 (N.D. Cal. Sept. 12, 2025); 27 see also, e.g., Escobar Salgado v. Mattos, 2025 WL 3205356, at *3 (D. Nev. Nov. 17, 2025) 28 (citing Inspection and Expedited Removal of Aliens, 62 Fed. Reg. 10312, 10323 (Mar. 6, 1997) 1 (“Until the government adopted its new interpretation of § 1225(b)(2) this year, the longstanding 2 (almost three decades) practice of the agencies charged with interpreting and enforcing the INA 3 without inspection and were apprehended while present in the U.S. By contrast, those 4 apprehended at or near a port of entry were designated as ‘arriving aliens.’); Rodriguez v. 5 Bostock, 779 F. Supp. 3d 1239, 1244 (W.D. Wash. 2025r) (“The longstanding practice of the 6 Executive branch agencies charged with interpreting and enforcing the INA considered 7 noncitizens like [petitioner] who had entered without inspection, and were apprehended while 8 residing in the United States, as subject to Section 1226(a).”). However, in July 2025, the 9 Department of Homeland Security (“DHS”), in conjunction with the Department of Justice 10 (“DOJ”) adopted the legal position that § 1225, instead of § 1226, is the applicable immigration 11 authority for an “applicant for admission” including an alien present in the United States “who 12 has not been admitted or who arrives in the United States, whether or not at a designated port of 13 arrival,” and all applicants for admission are subject to mandatory detention under § 1225(b). 14 The Notice further provides “[t]hese aliens are also ineligible for a custody redetermination 15 hearing (‘bond hearing’) before an immigration judge and may not be released for the duration of 16 their removal proceedings absent a parole by DHS. For custody purposes, these aliens are now 17 treated in the same manner that ‘arriving aliens’ have historically been treated.” See ICE Memo: 18 Interim Guidance Regarding Detention Authority for Applications for Admission, American 19 Immigration Lawyers Association (July 8, 2025), https://www.aila.org/library/ice-memo-interim- 20 guidance-regarding-detention-authority-for-applications-for-admission (last visited January 7, 21 2026). As noted above, in September 2025, the BIA issued a precedential decision adopting this 22 interpretation of the government’s detention authority under the INA and holding that IJ’s do not 23 have authority to hear bond requests or grant bond to aliens “who are present in the United States 24 without admission,” because they are applicants for admission and subject to mandatory detention 25 under § 1225(b)(2)(A). See Matter of Yajure Hurtado, 29 I&N Dec. 216 at *9. 26 B. Due Process 27 The Fifth Amendment's Due Process Clause provides that “[n]o person shall be ... 28 deprived of life, liberty, or property, without due process of law.” Further, it is “well established 1 that the Fifth Amendment entitles aliens to due process of law in deportation proceedings.” 2 Trump v. J.G.G., 604 U.S. 670 (2025) (citing Reno v. Flores, 507 U.S. 292, 305 (1993); Zadvydas 3 v. Davis, 533 U.S. 678, 693-94 (2001). However, the Supreme Court has simultaneously 4 acknowledged that “the nature of protection [under the Due Process clause] may vary depending 5 on [immigration] status and circumstance.” Zadvydas, 522 U.S. at 693 (“The distinction between 6 an alien who has effected an entry into the United States and one who has never entered runs 7 throughout immigration law.”). As relevant here, “once an alien enters the country, the legal 8 circumstances change, for the Due Process Clause applies to all ‘persons’ within the United 9 States, including aliens, whether their presence here is lawful, unlawful, temporary or 10 permanent.” Id.; see also Leng May Ma v. Barber, 357 U.S. 185, 187 (1958) (“our immigration 11 laws have long made a distinction between those aliens who have come to our shores seeking 12 admission ... and those who are within the United States after an entry, irrespective of its legality. 13 In the latter instance, the Court has recognized additional rights and privileges not extended to 14 those in the former category who are merely ‘on the threshold of initial entry.’”). The Due 15 Process Clause generally “requires some kind of a hearing before the State deprives a person of 16 liberty or property.” Zinermon v. Burch, 494 U.S. 113, 127 (1990). 17 C. Claims One: Procedural Due Process 18 Petitioner claims his detention without a bond hearing violates his procedural due process 19 rights under the Fifth Amendment. (Doc. 1 at 12-13). Respondents do not meaningfully address 20 Petitioner’s due process arguments; rather, their sole argument in response is that “Petitioner does 21 not possess a right to freedom from immigration in any form other than the form provided by 22 Congress,” and, as “an applicant for admission,” Petitioner is subject to the mandatory detention 23 under § 1225(b) and is thus “ineligible” for a bond hearing. (Doc. 14). 24 Given the relevance of this dispute to the due process analysis, as a threshold matter the 25 Court joins with the overwhelming majority of courts across the country in rejecting 26 Respondents’ argument that noncitizens who were previously released on conditional parole and 27 later re-detained are “applicants for admission” subject to mandatory detention under § 28 1225(b)(2)(A); rather, the detention of those noncitizens, like Petitioner, continues to be governed 1 by § 1226(a) during removal proceedings. See, e.g., Montero-Alvarez v. Alberran, 2025 WL 2 3754116, at *4 (E.D. Cal. Dec. 29, 2025) (collecting cases); Sharan S. v. Chestnut, 2025 WL 3 3167826, at *5 (E.D. Cal. Nov. 12, 2025) (“Respondents’ argument that section 1225(b)(2)(A) 4 applies to all noncitizens present in the United States without admission is unpersuasive. 5 Respondents’ proposed interpretation of the statute (1) disregards the plain meaning of section 6 1225(b)(2)(A); (2) disregards the relationship between sections 1225 and 1226; (3) would render 7 a recent amendment to section 1226(c) superfluous; and (4) is inconsistent with decades of prior 8 statutory interpretation and practice.”); C.A.R.V. v. Wofford, 2025 WL 3059549, at *8 (E.D. Cal. 9 Nov. 3, 2025) (“The government’s recent interpretation of the relationship between § 1225 and § 10 1226 is unfounded and detention is therefore not ‘mandatory’ in this case, where petitioner has 11 been present in the United States for approximately four years and was released on his own 12 recognizance well before Respondents adopted the new interpretation of the governing statutes.”); 13 Barco Mercado v. Francis, 2025 WL 3295903, at *4 (S.D.N.Y. Nov. 26, 2025) (“By a recent 14 count, the central issue in this case – the administration's new position that all noncitizens who 15 came into the United States illegally, but since have been living in the United States, must be 16 detained until their removal proceedings are completed – has been challenged in at least 362 17 cases in federal district courts. The challengers have prevailed, either on a preliminary or final 18 basis, in 350 of those cases decided by over 160 different judges sitting in about fifty different 19 courts spread across the United States. Thus, the overwhelming, lopsided majority have held that 20 the law still means what it always has meant.”) (collecting cases); But see, e.g., Alonzo v. Noem, 21 2025 WL 3208284, at *5 (E.D. Cal. Nov. 17, 2025) (denying motion for temporary restraining 22 order because petitioner failed to establish he was likely to succeed on the merits of his statutory 23 claim, but also noting the finding “should not be understood an affirmative endorsement of the 24 view that respondents’ interpretation of § 1225(b)(2)(A) – which is in line with the expansive 25 understanding of mandatory detention applicability – is correct.”); Ramos v. Lyons, 2025 WL 26 3199872 (C.D. Cal. Nov. 12, 2025). 27 Procedural due process claims are analyzed in two steps. See Morrissey v. Brewer, 408 28 U.S. 471, 481 (1972) (“Once it is determined that due process applies, the question remains what 1 process is due.”). First, the Court examines whether a protected liberty interest exists. Garcia v. 2 Andrews, 2025 WL 1927596, at *2 (E.D. Cal. July 14, 2025 (citing Kentucky Dep’t of 3 Corrections v. Thompson, 490 U.S. 454, 460 (1989)). Respondents do not contest that Petitioner 4 was apprehended upon entering the country and subsequently released. (See Doc. 14). As 5 explained supra, an ICE officer makes an initial custody determination when a person is 6 apprehended under § 1226(a) and has the discretion to release the alien if he or she 7 “demonstrate[s] to the satisfaction of the officer that such release would not pose a danger to 8 property or persons, and that the alien is likely to appear for any future proceeding.” Rodriguez 9 Diaz v. Garland, 53 F.4th 1189, 1196 (9th Cir. 2022) (citing 8 C.F.R. § 236.1(c)(8)). Thus, 10 “[r]elease reflects a determination by the government that the noncitizen is not a danger to the 11 community or a flight risk.” Saravia v. Sessions, 280 F. Supp. 3d 1168, 1176 (N.D. Cal. 2017), 12 aff’d sub nom, Saravia for A.H. v. Sessions, 905 F.3d 1137 (9th Cir. 2018); Espinoza v. Kaiser, 13 2025 WL 2675785, at *6 (E.D. Cal. Sept. 18, 2025) (noting a person on conditional parole is 14 generally released on their own recognizance subject to certain conditions such as reporting 15 requirements). 16 Where, as here, “even when ICE has the initial discretion to detain or release a noncitizen 17 pending removal proceedings, after that individual is released from custody [he or] she has a 18 protected liberty interest in remaining out of custody.” Pinchi v. Noem, 792 F. Supp. 3d 1025, 19 1032-33 (N.D. Cal. 2025) (“[e]ven when the government has discretion to detain an individual, its 20 subsequent decision to release the individual creates ‘an implicit promise’ that [he or] she will be 21 re-detained only if [he or] she violates the conditions of her release.”) (collecting cases). 22 Petitioner was released from custody pending a final removal decision, and attests that he has 23 timely and consistently appeared for court hearings, has no criminal history, and maintains strong 24 ties to the community. (Doc. 1 at 11-13). Thus, the Court finds Petitioner’s release and time 25 spent out of custody gives rise to a protected liberty interest in continued release following 26 conditional parole.6 See Solano v. Robbins, 2025 WL 3718831, at *6 (E.D. Cal. Dec. 23, 2025) 27 6 As noted recently by this Court, “[e]ven assuming Respondents are correct that § 1225(b) is the 28 applicable detention authority for all ‘applicants for admission,’ Respondents fail to contend with the 1 (“Relying on Morrissey, courts in this district have consistently held that noncitizens who have 2 been released from immigration custody pending civil removal proceedings have a protected 3 interest in remaining out of immigration custody.”) (collecting cases); Pinchi, 792 F. Supp. 3d at 4 1033 (“These extensive relations of support and interdependence underscore the high stakes of 5 [their] liberty.”). 6 Finding that due process applies, the question before the Court is, what process is due? 7 “The constitution typically requires some kind of hearing before the State deprives a person of 8 liberty or property. This is particularly true when the interest is in liberty, the loss of which 9 cannot fully be compensated after the fact.” Salcedo Aceros, 2025 WL 2637503, at *5 (internal 10 quotations and citations omitted). To determine whether constitutionally sufficient procedures to 11 protect a liberty interest of a previously released and then re-detained noncitizen, courts apply the 12 three factor balancing test outlined in Mathews v. Eldridge:7 (1) the private interest that will be 13 affected by the official action, (2) the risk of erroneous deprivation of such interest through the 14 procedures used, and the probable value, if any, of additional procedural safeguards, and (3) the 15 government’s interest, including the function involved, as well as the fiscal and administrative 16 burdens that the procedural requirement would entail. 424 U.S. 319, 335 (1976). 17 First, the Court considers “the private interest that will be affected by the official action.” 18 Id. Petitioner has a substantial private interest in remaining free from detention. See Zadvydas, 19 533 U.S. at 690 (“Freedom from imprisonment – from government custody, detention, or other 20 forms of physical restraint – lies at the heart of the liberty [the Due Process] Clause protects.”); 21 Hernandez v. Sessions, 872 F.3d 976, 993 (9th Cir. 2017) (recognizing it is “beyond dispute” that 22
23 liberty interest created by the fact that [Petitioners in this case were released] prior to the manifestation of this interpretation.” Garcia v. Chestnut, 2025 WL 3771348, at *9 (E.D. Cal. Dec. 31, 2025) (emphasis in 24 original). 7 The Ninth Circuit has noted that the Supreme Court “when confronted with constitutional challenges to 25 immigration detention has not resolved them through express application of Mathews.” Rodriguez Diaz, 53 F.4th at 1206-07. However, in light of the consistent employment of Mathews by district courts in the 26 Ninth Circuit in determining whether due process applies in the context of re-detention of previously paroled noncitizens, the Court proceeds to apply those factors while still reserving judgment on whether 27 Mathews is an “all embracing test” when encountering due process challenges by immigrant detainees. See A.E. v. Andrews, 2025 WL 1424382, at *4 (citing Dusenbury v. United States, 534 U.S. 161, 168 (2002) 28 (“we have never viewed Mathews as announcing an all-embracing test for deciding due process claims.”). 1 the “private interest at issue here is ‘fundamental’: freedom from imprisonment is the ‘core of the 2 liberty protected by the Due Process Clause.’”). Clearly, Petitioner has an interest in maintaining 3 relationships in the community. See Pinchi, 792 F. Supp. 3d at 1033. Thus, Petitioner’s private 4 interest is heavily affected, and this factor weighs in favor of Petitioner. 5 Second, the Court considers “the risk of an erroneous deprivation of such an interest 6 through the procedures used, and the probable value, if any, of additional or substitute procedural 7 safeguards.” Mathews, 424 U.S. at 335. Here, Petitioner received no form of pre-deprivation 8 custody redetermination hearing. Thus, the risk of erroneous deprivation is considerable. See 9 A.E. v. Andrews, 2025 WL 1424382, at *5 (E.D. Cal. May 16, 2025) (“The risk of an erroneous 10 deprivation of [a petitioner’s] interest is high where [h]e has not received any bond or custody 11 redetermination hearing.”) (internal quotations omitted). Civil immigration detention is assumed 12 to be “nonpunitive in purpose and effect,” and is therefore justified when a noncitizen presents a 13 risk of flight or danger to the community. See Zadvydas, 533 U.S. at 690. Based on the verified 14 Petition, Petitioner was issued a Notice to Appear upon entering the United States without 15 inspection in March 2023, and was residing in Fresno, California prior to his re-detention in 16 September 2025. (Doc. 1 at 10-11). “In general, release reflects a determination by the 17 government that the noncitizen is not a danger to the community of a flight risk.” Saravia, 280 F. 18 Supp. 3d at 1176. Notably, Respondents make no argument that Petitioner presents a flight risk 19 or danger, and Petitioner claims he has appeared timely and consistently for all hearings in 20 immigration court. (Id. at 11). Given the absence of determination by a neutral arbitrator as to 21 whether Petitioner is currently a flight risk or danger to the community, both the risk of erroneous 22 deprivation of Petitioner’s interest, and the probable value of additional safeguards, is high. See 23 A.E., 2025 WL 1424382, at *5. 24 Third, the Court considers the government’s interest, “including the function involved and 25 the fiscal and administrative burdens that the additional or substitute procedural requirements 26 would entail.” Mathews, 424 U.S. at 334. Unquestionably, the government has a significant 27 national interest in enforcing its immigration laws. Indeed, it is a sovereign’s fundamental right 28 to control its borders, to protect national security, and ensure integrity in its immigration system. 1 However, Respondents fail to explain how Petitioner threatens these interests or how the 2 government’s interest is weakened by affording him a hearing before a neutral decisionmaker. 3 Nor do Respondents offer evidence of how affording a hearing results in either a fiscal or 4 administrative burden, which has been found to be “minimal” by other courts. See J.A.E.M. v. 5 Wofford, 2025 WL 3013377, at *7 (E.D. Cal. Oct. 27, 2025) (citing Ortega v. Bonnar, 415 F. 6 Supp. 3d 963, 970 (N.D. Cal. 2019) (“In immigration court, custody hearings are routine and 7 impose a ‘minimal’ cost.”). Because Respondents did not provide Petitioner with notice or 8 reasons prior to his re-detention, and have seemingly offered no reasoning in any proceedings, 9 including this one before this Court, as to why that decision was made, the Court finds 10 Respondents have failed to demonstrate a significant interest in Petitioner’s detention. See Noori 11 v. LaRose, 2025 WL 2800149, at *11 (S.D. Cal. Oct. 1, 2025). As recently explained by a court 12 in this district, 13 the government’s asserted interest is hinged on mere speculation about Petitioner’s risk of flight or dangerousness. [Petitioners] seek 14 a bond hearing, not unqualified release. Providing a bond hearing would not undercut the government’s asserted interest in effecting 15 removal. Indeed, the purpose of a bond hearing is to inquire whether the alien represents a flight risk or danger to the community. Given 16 ‘the minimal cost of conducting a bond hearing, and the ability of the IJ to adjudicate the ultimate legal issue as to whether Petitioner’s 17 continued detention is justified,’ courts have concluded that ‘the government’s interest is not as weighty as Petitioner’s. 18 19 A.E. V. Andrews, 2025 WL 1424382, at *5 (E.D. Cal. May 16, 2025), report and 20 recommendation adopted, 2025 WL 1808676 (E.D. Cal. July 1, 2025). This Court joins in this 21 analysis and finds Petitioner’s interest outweighs the government’s interest in this instance. 22 Based on the foregoing, the Court finds the Mathews factors weigh in favor of the 23 Petitioner, and his re-detention without hearing was a violation of his procedural due process 24 rights. 25 D. Conclusion and Remedy 26 As a final matter, the Court now considers whether a pre-deprivation or post-deprivation 27 bond hearing is appropriate for Petitioner in this case. As previously reasoned by the assigned 28 district judge, 1 The Supreme Court has held that “the Constitution requires some kind of a hearing before the State deprives a person of liberty or 2 property.” See Zinermon v. Burch, 494 U.S. 113, 127, 110 S.Ct. 975, 108 L.Ed.2d 100 (1990) (emphasis in original). However, the Court 3 also recognized that there may be situations that urgently require arrest, in which a prompt post-deprivation hearing is appropriate. Id. 4 at 128, 110 S.Ct. 975 (noting there may be “special case[s]” where a pre-deprivation hearing is impracticable); Guillermo M. R. v. Kaiser, 5 No. 25-CV-05436-RFL, 791 F.Supp.3d 1021, 2025 WL 1983677, at *9 (N.D. Cal. July 17, 2025) (“absent evidence of urgent concerns, a 6 pre-deprivation hearing is required to satisfy due process, particularly where an individual has been released on bond by an 7 IJ”). The rapidly developing caselaw on this subject gives limited guidance as to where this line should be drawn. Some courts that 8 have addressed detention-related habeas petitions brought by persons released with enhanced supervision conditions have required pre- 9 deprivation process, but in somewhat different circumstances. In E.A.T.-B. v. Wamsley, No. C25-1192-KKE, 795 F.Supp.3d 1316, 10 2025 WL 2402130, at *4 (W.D. Wash. Aug. 19, 2025), the district court ordered the release of a petitioner arrested by ICE immediately 11 after appearing in immigration court. That court agreed with the petitioner that ICE's post hoc explanation that violations warranted 12 her detention was pretextual, given that ICE first became aware of petitioner's alleged violations a few hours before her immigration 13 hearing, DHS did not raise those violations at the hearing or argue the petitioner should be detained for any reason, and the petitioner 14 was then provided multiple, inconsistent justifications for her arrest. Id. In Arzate v. Andrews, No. 1:25-CV-00942-KES-SKO (HC), 2025 15 WL 2230521, at *7 (E.D. Cal. Aug. 4, 2025), converted to preliminary injunction sub nom, 2025 WL 2411010, at *1 (E.D. Cal. 16 Aug. 20, 2025), the court ordered immediate release of in immigration detainee who had been in compliance with his 17 conditions of release, even though he had incurred a misdemeanor arrest while on parole, in part because no charges were ever filed. 18 *12 In contrast, this Court ordered a bond hearing in Martinez 19 Hernandez v. Andrews, No. 1:25-CV-01035 JLT HBK, 2025 WL 2495767 (E.D. Cal. Aug. 28, 2025), where the petitioner's records 20 indicated numerous violations. Though Martinez Hernandez offered explanations for the violations and there was a dispute of fact as to 21 whether the violations occurred, ICE's reliance upon those violations was “not obviously pretexual.” Id. at * 12 (“If Respondent's view of 22 the facts is correct, it is at least arguable that providing Petitioner with notice and a pre-deprivation hearing would have been 23 impracticable and/or would have motivated her flight.”). As this Court noted in Martinez Hernandez: 24 In similar circumstances, courts have refused to release the 25 petitioners but have ordered timely bond hearings. Carballo v. Andrews, No. 1:25-CV-00978-KES-EPG (HC), 2025 WL 26 2381464, at *8 (E.D. Cal. Aug. 15, 2025), citing Perera v. Jennings, et. al, No. 21-CV-04136-BLF, 2021 WL 2400981, 27 at *5 (N.D. Cal. June 11, 2021); Pham v. Becerra, No. 23- CV-01288-CRB, 2023 WL 2744397, at *6 (N.D. Cal. Mar. 28 31, 2023). “[A]llowing a neutral arbiter to review the facts 1 would significantly reduce the risk of erroneous deprivation.” Guillermo M. R. v. Kaiser, No. 25-CV-05436-RFL, 791 2 F.Supp.3d 1021, 2025 WL 1983677, at *8 (N.D. Cal. July 17, 2025). Thus, the Court concludes that prompt, post- 3 deprivation process is required here. 4 M.R.R., 2025 WL 3265446, at *11-12. 5 Here, Petitioner claims he has timely appeared for all hearings in immigration court, and 6 he has no criminal history. Respondents offer no argument or evidence as to any purported 7 violations of Petitioner’s conditions of release, nor do they make any argument that Petitioner is a 8 flight risk or danger to the community. (See Doc. 14). The Court’s review of the verified Petition 9 offers no indicia that Petitioner’s detainment was based on any purported violations of any release 10 conditions that may have been imposed. Consequently, the Court recommends that a pre- 11 deprivation hearing is appropriate in this case. 12 Accordingly, it is hereby RECOMMENDED: 13 1. The Petition for Writ of Habeas Corpus (Doc. 1) be GRANTED. 14 2. Respondents be directed to IMMEDIATELY release Petitioner from DHS custody on 15 the conditions of his prior release from custody 16 3. Once released, Respondents be PERMANENTLY ENJOINED AND RESTRAINED 17 from rearresting or re-detaining Petitioner absent compliance with constitutional 18 protections, which include, at a minimum, pre-deprivation notice of at least seven days 19 before a pre-deprivation hearing at which the government will bear the burden of 20 demonstrating by clear and convincing evidence that they are likely to flee or pose a 21 danger to society if not arrested. 22 4. If legally sufficient circumstances justify arrest without notice in advance, a post- 23 deprivation hearing consistent with the requirements set forth here SHALL be 24 provided within seven days of the arrest. Alternatively, if Petitioner becomes subject 25 to a final order of removal and Petitioner receives notice of such order, Respondent 26 may detain Petitioner for the sole and limited purpose of executing removal. In this 27 event, Respondent SHALL provide a bond hearing in the timeframe required by law. 28 5. This case be CLOSED. 1 NOTICE OF EXPEDITED OBJECTIONS 2 These Findings and Recommendations will be submitted to the United States District 3 | Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Given the 4 | recommendation to grant the petition in part, a party may file written objections with the 5 | Court within five (5) days of service of these Findings and Recommendations. /d.; Local 6 | Rule 304(b) (permitting court to set a different time). The document should be captioned, 7 | “Objections to Magistrate Judge’s Findings and Recommendations” and shall not exceed fifteen 8 | (15) pages. The Court will not consider exhibits attached to the Objections. To the extent a party 9 | wishes to refer to any exhibit(s), the party should reference the exhibit in the record by its 10 | CM/ECF document and page number, when possible, or otherwise reference the exhibit with 11 | specificity. Any pages filed in excess of the fifteen (15) page limitation may be disregarded by 12 | the District Judge when reviewing these Findings and Recommendations under 28 U.S.C. § 13 | 636(b)(1)(C). A party’s failure to file any objections within the specified time may result in the 14 | waiver of certain rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014). 15 '© | Dated: _ March 24, 2026 Wiha. Mh. Bareh Zaskth 17 HELENA M. BARCH-KUCHTA ig UNITED STATES MAGISTRATE JUDGE
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