R.D.T.M. v. Minga Wofford, Mesa Verde ICE Processing Center Facility Administrator; Polly Kaiser, Acting Field Office Director of the San Francisco Immigration and Customs Enforcement Office; Todd M. Lyons, Acting Director of United States Immigration and Customs Enforcement; Kristi Noem, Secretary of the United States Department of Homeland Security; Pamela Bondi, Attorney General of the United States

CourtDistrict Court, E.D. California
DecidedSeptember 9, 2025
Docket1:25-cv-01141
StatusUnknown

This text of R.D.T.M. v. Minga Wofford, Mesa Verde ICE Processing Center Facility Administrator; Polly Kaiser, Acting Field Office Director of the San Francisco Immigration and Customs Enforcement Office; Todd M. Lyons, Acting Director of United States Immigration and Customs Enforcement; Kristi Noem, Secretary of the United States Department of Homeland Security; Pamela Bondi, Attorney General of the United States (R.D.T.M. v. Minga Wofford, Mesa Verde ICE Processing Center Facility Administrator; Polly Kaiser, Acting Field Office Director of the San Francisco Immigration and Customs Enforcement Office; Todd M. Lyons, Acting Director of United States Immigration and Customs Enforcement; Kristi Noem, Secretary of the United States Department of Homeland Security; Pamela Bondi, Attorney General of the United States) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
R.D.T.M. v. Minga Wofford, Mesa Verde ICE Processing Center Facility Administrator; Polly Kaiser, Acting Field Office Director of the San Francisco Immigration and Customs Enforcement Office; Todd M. Lyons, Acting Director of United States Immigration and Customs Enforcement; Kristi Noem, Secretary of the United States Department of Homeland Security; Pamela Bondi, Attorney General of the United States, (E.D. Cal. 2025).

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 R.D.T.M., No. 1:25-cv-01141-KES-SKO (HC) 8 Petitioner, ORDER GRANTING EX PARTE MOTION 9 v. FOR TEMPORARY RESTRAINING ORDER 10 MINGA WOFFORD, Mesa Verde ICE Doc. 3 Processing Center Facility Administrator; 11 POLLY KAISER, Acting Field Office Director of the San Francisco Immigration 12 and Customs Enforcement Office; TODD M. LYONS, Acting Director of United 13 States Immigration and Customs Enforcement; KRISTI NOEM, Secretary of 14 the United States Department of Homeland Security; PAMELA BONDI, Attorney 15 General of the United States, 16 Respondents. 17 18 19 Petitioner R.D.T.M. is a noncitizen who entered the United States in 2023 as an 20 unaccompanied minor. After entry, she was briefly detained by immigration officials but then 21 released to the care of a sponsor after immigration officials determined that she was neither a 22 danger nor a flight risk. Since then, she has lived with her family in Howard Lake, Minnesota, 23 graduated high school, gained lawful work authorization, worked in childcare services, and 24 volunteered at a church in her community. However, notwithstanding the immigration officials’ 25 prior determination that she posed neither a flight risk or danger and the apparent lack of changed 26 circumstances, Immigration and Customs Enforcement (“ICE”) agents re-detained her on 27 September 1, 2025. 28 1 On September 7, 2025, petitioner filed a petition for writ of habeas corpus, Doc. 1, and a 2 motion for a temporary restraining order, Doc. 3.1 Petitioner seeks an order that immediately 3 releases her from immigration detention and enjoins the government from re-detaining her unless 4 it first provides her with a hearing before a neutral adjudicator where the government must prove 5 by clear and convincing evidence that she is a flight risk or danger to the community. For the 6 reasons set forth below, the Court grants petitioner’s motion for a temporary restraining order. 7 I. Background2 8 In 2023, when she was a minor, petitioner fled Honduras because she had been left there 9 on her own, making her a vulnerable target for physical and sexual violence. Doc. 1 at ¶ 43; see 10 Doc. 3-2 at ¶ 5. She had previously lived in the United States, from when she was around seven 11 years old until she was ten years old. See Doc. 3-2 at ¶ 5. On January 14, 2023, she crossed the 12 southern border and encountered U.S. immigration officials. Id. ¶ 6; Doc. 1 at ¶ 43. The 13 immigration officials detained her for approximately eleven days at a facility for unaccompanied 14 minors. Doc. 3-2 at ¶ 6. On January 26, 2023, immigration officials released her into the custody 15 of her mother. Id. The statute that governs the detention of unaccompanied minors encountered 16 at the border, the Trafficking Victims Protection and Reauthorization Act (“TVPRA”), provides 17 that, in making custody determinations, immigration officials should consider “danger to self, 18 danger to the community, and risk of flight.” 8 U.S.C. § 1232(c)(2)(A). In releasing petitioner, 19 immigration officials determined that she was not a flight risk or danger to the community. See 20 Saravia v. Sessions, 280 F. Supp. 3d 1168, 1176, 1178 (N.D. Cal. 2017) (“[Immigration officials] 21 may release the minor to a “sponsor” . . . so long as the minor is not dangerous . . . . Release 22 [therefore] reflects a determination by the government that the noncitizen is not a danger to the 23

24 1 Petitioner also filed a motion to proceed under pseudonym, which was granted by separate order. 25

2 This section is based on petitioner’s verified petition, declarations, and exhibits. A court “may 26 treat the allegations of a verified . . . petition [for writ of habeas corpus] as an affidavit.” L. v. 27 Lamarque, 351 F.3d 919, 924 (9th Cir. 2003) (citing McElyea v. Babbitt, 833 F.2d 196, 197–98 (9th Cir. 1987)). 28 1 community or a flight risk.” (citing 8 U.S.C. § 1232(c)(2)(A)), aff’d 905 F.3d 1137 (9th Cir. 2 2018). On February 11, 2023, the Department of Homeland Security (“DHS”) sent petitioner a 3 notice to appear in immigration court for removal proceedings. Id.; Doc. 3-3 at 1–3. The notice 4 to appear charged her as removable under 8 U.S.C. § 1182(a)(6)(A)(i) as “an alien present in the 5 United States without being admitted or paroled.” Doc. 3-3 at 1–3. 6 Following her release from detention, petitioner went to live with her parents and siblings 7 in Howard Lake, Minnesota, and she established a life there. Doc. 3-2 at ¶ 7. On June 2, 2024, 8 she graduated from Lake-Waverly-Winsted High School. Id. After she graduated, she was 9 granted lawful work authorization and worked as a child-care professional at the Howard Lake- 10 Waverly-Winsted Laker Care Program. Id.; Doc. 1 at ¶ 10. She also worked as a waitress at a 11 restaurant in Howard Lake. Doc. 3-2 at ¶ 7. She joined St. John’s Lutheran Church in Howard 12 Lake and regularly volunteers with church activities. Doc. 1 at ¶ 47. Her positive school, 13 employment, and volunteer work record are described in letters of support from Howard Lake 14 community members. See Doc. 1-4 at 2–7. 15 Petitioner indicates that she has maintained a clean criminal record, pursued relief in her 16 removal proceedings, and complied with the requirements of her release. See Doc. 1 at ¶¶ 10, 36, 17 47–48, 94. On October 10, 2023, she retained counsel and filed an application for asylum and 18 withholding of removal with United States Citizenship and Immigration Services (“USCIS”). 19 Doc. 1 at ¶ 48. An immigration judge administratively closed her removal proceedings due to the 20 pending application for asylum with USCIS. Id. Her asylum application remains pending. Doc. 21 3-2 at ¶ 9. 22 On September 1, 2025, over two and a half years after her release, Immigration and 23 Customs Enforcement (“ICE”) agents arrested petitioner as she was preparing to board a domestic 24 flight at San Francisco International Airport to return home. Doc. 3-2 at ¶¶ 11. The agents were 25 dressed in plainclothes and did not present her with a warrant. Id. They asked for petitioner’s 26 identification documents, and she showed them her passport and work authorization permit. Id. 27 Agents handcuffed her and took her property. Id. ¶ 12. They did not tell her why she was being 28 arrested. Id. Agents then held petitioner in an immigration office in San Francisco for 1 approximately thirty hours. Id. ¶ 13. They stated that she had a prior deportation order in place 2 from when she was a child, but they did not show her the warrant.3 Id. ¶¶ 13–14. Petitioner is 3 unaware of any prior deportation order as she left voluntarily when she was ten years old. Doc. 3- 4 2 at ¶ 5.4 Petitioner explained to the agents that she had immigration proceedings and had filed 5 an asylum application with USCIS. Id. at ¶¶ 13-14. ICE agents then took petitioner in custody to 6 Mesa Verde ICE Processing Center, an immigration detention center in Bakersfield, California, 7 where she remains detained. Id. ¶ 14. 8 On September 2, 2025, petitioner filed a petition for writ of habeas corpus, Doc. 1, and a 9 motion for temporary restraining order, Doc. 3. 10 II. Legal Standard 11 The standards for issuing a temporary restraining order and a preliminary injunction are 12 “substantially identical.” See Stuhlbarg Int’l Sales Co. v. John D.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Boddie v. Connecticut
401 U.S. 371 (Supreme Court, 1971)
Barker v. Wingo
407 U.S. 514 (Supreme Court, 1972)
Morrissey v. Brewer
408 U.S. 471 (Supreme Court, 1972)
Mathews v. Eldridge
424 U.S. 319 (Supreme Court, 1976)
Weinberger v. Romero-Barcelo
456 U.S. 305 (Supreme Court, 1982)
Cleveland Board of Education v. Loudermill
470 U.S. 532 (Supreme Court, 1985)
Amoco Production Co. v. Village of Gambell
480 U.S. 531 (Supreme Court, 1987)
Kentucky Department of Corrections v. Thompson
490 U.S. 454 (Supreme Court, 1989)
Young v. Harper
520 U.S. 143 (Supreme Court, 1997)
Gonzalez-Fuentes v. Molina
607 F.3d 864 (First Circuit, 2010)
Joe Lowell McElyea Jr. v. Governor Bruce Babbitt
833 F.2d 196 (Ninth Circuit, 1987)
Diaz v. Brewer
656 F.3d 1008 (Ninth Circuit, 2011)
Brian Keith Laws v. A.A. Lamarque, Warden
351 F.3d 919 (Ninth Circuit, 2003)
Warsoldier v. Woodford
418 F.3d 989 (Ninth Circuit, 2005)
Manuel De Jesus Ortega Melendr v. Joseph M. Arpaio
695 F.3d 990 (Ninth Circuit, 2012)
Zadvydas v. Davis
533 U.S. 678 (Supreme Court, 2001)
Zinermon v. Burch
494 U.S. 113 (Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
R.D.T.M. v. Minga Wofford, Mesa Verde ICE Processing Center Facility Administrator; Polly Kaiser, Acting Field Office Director of the San Francisco Immigration and Customs Enforcement Office; Todd M. Lyons, Acting Director of United States Immigration and Customs Enforcement; Kristi Noem, Secretary of the United States Department of Homeland Security; Pamela Bondi, Attorney General of the United States, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rdtm-v-minga-wofford-mesa-verde-ice-processing-center-facility-caed-2025.