The revocation itself was authorized under section 241.4(l)(2)(iii), but the check-in desk conversation was not the required informal interview after return to custody, so seventy-five days of detention without a meaningful opportunity to be heard violated due process.
Caution Section 241.4 applied rather than section 241.13 because the petitioner never obtained a section 241.13 determination; the court flagged its disagreement with Chavez Barrios v. Ripa, a decision of the same district, on whether section 241.4(l)(1) process attaches to an (l)(2) revocation; the court retained jurisdiction to enforce.
Redetention Informal interview Notice CAT deferral Jurisdiction 1252(g)
The court's own text
Read in full from a LexisNexis printout supplied by the administrator.
This entry describes a court decision. It is a summary for readers who are learning how these cases work, not legal advice, and it does not tell anyone what to do in their own case. A decision may have been appealed, stayed, or superseded since this entry was written.