Decisions

Cruz v. Lyons

E.D. Cal. · August 27, 2026

Court E.D. Cal.
Decided August 27, 2026
Docket Case No. 1:26-cv-05760-JLT-EPG-HC
Citation Slip Copy; 2026 WL 2532065
Judge Grosjean, United States Magistrate Judge
Disposition Other
Nationality Cuba; lawful permanent resident since 2008, ordered removed to Cuba in 2018 and released on an order of supervision
Third country Mexico

The magistrate judge recommended granting the petition, finding that ICE revoked the order of supervision without the informal interview the regulations require, and failed to show changed circumstances making removal reasonably foreseeable, because removal to Mexico under the standing arrangement depends on the person\u2019s consent, which he had repeatedly refused. She recommended release, a hearing before any re-detention, and an injunction barring third-country removal without fourteen days\u2019 notice and an immigration judge hearing.

Caution This is a findings and recommendation by a magistrate judge, not a decision of the court. It was ADOPTED IN PART AND REJECTED IN PART by the district judge on 1 September 2026, and which parts survive is not disclosed in the document read. Nothing in it should be cited as the court\u2019s final position without the 1 September order. Unpublished slip copy. The third-country analysis is largely a block quotation of A.A.M. v. Andrews, so the language about a full and fair hearing before a neutral adjudicator is A.A.M.\u2019s, not this court\u2019s.

Redetention Zadvydas Third-country designation Notice Due process Reasonable fear Pre-deprivation hearing

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