Decisions

Duong v. Kaiser

N.D. Cal. · September 19, 2025

Court N.D. Cal.
Decided September 19, 2025
Docket 25-cv-07598-JST
Citation 2025 WL 2689266
Judge Jon S. Tigar, United States District Judge
Disposition Interim relief granted
Nationality Cambodia

Due process bars re-detaining a noncitizen released after an individualized risk determination, even where detention is mandatory, without notice and a hearing on whether a material change of circumstances justifies re-detention.

Caution Preliminary injunction on the 'serious questions' standard, not a final judgment; the printed title reads 'Order Granting Motion for Temporary Restraining Order' although the body grants a preliminary injunction; the decretal paragraph states no forum, deadline, or burden of proof, although the body states a clear and convincing standard.

Redetention Notice Bond hearing

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