Decisions

C.D. Cal. August 24, 2026

Accepting the findings, conclusions and recommendations of the United States Magistrate Judge after de novo review of the portions to which the government objected, the court granted the petition. It ordered that Respondents are “ENJOINED from re-detaining Petitioner under 8 U.S.C. § 1226(a) unless his re-detention is ordered at a custody hearing before a neutral arbiter in which the government bears the burden of proving by clear and convincing evidence that Petitioner is a flight risk or danger to the community.” Judgment was entered the same day in favour of the petitioner.

Order of supervision Revocation Redetention Custody hearing Burden of proof

Caution An unreported district court order. The reasoning is in the Magistrate Judge’s Report and Recommendation, which the Coalition has not obtained; this order adopts it without restating it. Note also that the injunction is framed in terms of 8 U.S.C. § 1226(a), whereas the February 2026 preliminary injunction in the same case turned on 8 C.F.R. § 241.13(i); the file does not explain the shift.

N.D. Cal. September 15, 2025 Investigating. No reporter citation established. Third country: None identified in the orders read.

Aroldo Alberto Rodriguez Diaz had been released from immigration custody. When the government moved to re-detain him, the court held that he had raised serious questions on his claim that he holds a protected liberty interest in remaining at liberty, that due process therefore entitles him to notice and a hearing before he is taken back into custody, and that the balance of hardships tipped sharply in his favour. A restraining order issued the same day the application was made. A preliminary injunction followed in September.

Redetention Due process Notice Custody hearing Bond hearing Appeal pending

Caution A district court decision, binding on the parties only, and the only decision in this register currently known to be on appeal. The government has taken it to the Ninth Circuit, No. 25-7196. If that court rules, this entry will be behind the law until it is updated. The orders read do not mention the Convention against Torture, third-country removal, or an Order of Supervision; a secondary research memorandum described this case as involving all three, and it does not.

N.D. Cal. August 22, 2025 Investigating. No reporter citation established. Third country: Not in issue. A full-text search of the decision returns no occurrence of the phrase.

Carolina Ortiz Calderon had applied for asylum, for withholding of removal and for protection under the Convention against Torture, and had been released on her own recognisance. On her re-detention the court held, in its own words, that the government "may not re-detain Ortiz Calderon during the pendency of the proceedings before this Court without providing her with a pre-detention bond hearing before a neutral immigration judge", and that detention requires clear and convincing evidence of flight risk or danger together with a showing that no lesser conditions would suffice.

Redetention Due process Bond hearing Custody hearing Asylum Withholding of removal CAT

Caution A district court decision, binding on the parties only. Her protection claims are recorded in the order as background. What was decided is the detention question alone. There is no holding here about removal to a third country and the phrase does not appear in the decision.

N.D. Cal. August 21, 2025 Investigating. No reporter citation established. Third country: Guatemala was the country in dispute, by a determination that he could be removed there.

Juan Edelmar Alva Alva was released on an Order of Supervision on 3 December 2018 and lived under it for nearly seven years. He did not challenge his final order of removal. What was in dispute was a determination that he could be removed to Guatemala. He was re-detained, and a restraining order of 7 August 2025 secured his release. The court then held that a person who has been at liberty on an Order of Supervision for that length of time has a liberty interest in remaining at liberty, and that the government may not re-detain him during the proceedings without first giving him a hearing before an immigration judge to decide whether detention is warranted on grounds of flight risk or danger to the community.

Redetention Order of supervision Due process Bond hearing Custody hearing Third-country designation Notice

Caution A district court decision, binding on the parties only. The order decides the detention question and does not decide whether he may lawfully be removed to Guatemala. It does not address protection under the Convention against Torture.

N.D. Cal. August 21, 2025 Investigating. No reporter citation established. Third country: Not in issue. A full-text search of the decision returns no occurrence of the phrase.

The government placed Paula Sofia Ramirez Clavijo in full removal proceedings and released her on her own recognisance. It then sought to move her into expedited removal, a track with far fewer protections. The court held that having put her in full proceedings and released her, the government had given her a protected liberty interest and could not retroactively switch her to the expedited track. It enjoined the government from re-detaining her without notice and a hearing before a neutral decisionmaker, and from transferring or removing her while the case runs.

Redetention Due process Expedited removal Liberty interest Custody hearing Transfer

Caution A district court decision, binding on the parties only. It is about which removal track a person may be placed in and about re-detention. It is not about removal to a third country, and the phrase does not appear in the decision.

N.D. Cal. July 24, 2025 Investigating. No reporter citation established. Third country: Not in issue. No third country appears in this decision.

Frescia Garro Pinchi had been released on bond. Immigration and Customs Enforcement arrested her again, without a warrant, at a courthouse. The court held that a person previously released on bond holds a protected liberty interest, that she was therefore likely to succeed on her claim that due process entitles her to a hearing before a neutral immigration judge before any re-arrest, and that the government may not re-detain her absent clear and convincing evidence of flight risk or danger to the community.

Redetention Due process Bond hearing Custody hearing Arrest at a courthouse

Caution A district court decision, binding on the parties only. It is about warrantless re-arrest and the right to a hearing before re-detention. It does not concern a final order of removal, protection under the Convention against Torture, or removal to a third country. The case is now docketed as Garro Pinchi v. Mullin after a change of respondent; the surname is Garro Pinchi, not Pinchi.

N.D. Cal. July 17, 2025 Investigating. No reporter citation established. Third country: Not in issue. No third country appears in this decision.

The petitioner holds a final administrative order of removal and has proceedings on withholding of removal and protection under the Convention against Torture on foot. What the court decided was narrower than that background suggests. It enjoined and restrained the government from re-detaining him without notice and a hearing before an immigration judge, held before he is taken into custody, to evaluate whether re-detention is warranted on grounds of flight risk or danger to the community.

Redetention Due process Bond hearing Custody hearing Withholding of removal CAT

Caution A district court decision, binding on the parties only. The petitioner’s protection claims form the background to the case and are not what was decided. There is no holding here about removal to a third country. The case appears on the public docket under the petitioner’s full name, Reyes v. Kaiser; the anonymised form used here is the one the court uses in the caption of its own order.