Decisions

S.D. Fla. August 21, 2026 Third country: Mexico

The revocation notice cited an unchanged file, an unchanged interview, and bedspace availability, and the claimed interview came more than four months late, so the re-detention violated the regulation; release ordered.

Redetention Notice Informal interview Zadvydas

Caution The Zadvydas claim was held premature at 120 days because this court does not aggregate detentions, and the brief sets out the split on aggregation. The account of the March 9, 2026 bus trip toward the Mexican border is the petitioner's, credited as the record before the court on an unopposed point, not a judicial finding. No reporter or unofficial citation is printed in the brief.

C.D. Cal. May 26, 2026 2026 U.S. Dist. LEXIS 115713; 2026 WL 1471864

The court adjudged the revocation of the order of supervision and the re-detention unlawful and permanently enjoined re-detention without an individualized pre-detention hearing before a neutral arbiter and third-country removal without notice and an opportunity to be heard.

Redetention Notice Third-country designation CAT deferral

Caution Entered over objections after de novo review of a magistrate judge's report that is not in the supplied file, so the reasoning behind the 'neutral arbiter' requirement has not been read; the brief notes these requirements go further than any other order in the collection.

M.D. Fla. March 20, 2026 2026 WL 787639 Third country: Mexico

Because ICE gave written notice and an informal interview, the petitioner received what the Fifth Amendment requires, and his Zadvydas claim was premature at four months; the petition was denied.

Redetention Notice Informal interview Zadvydas Jurisdiction 1252(g) Jurisdiction 1252(b)(9)

Caution Denied without prejudice to refiling after six months. This is a different petitioner from Chavez Barrios v. Ripa and the brief warns that the two Barrios cases must be kept separate in every list.

S.D. Tex. September 26, 2025 2025 WL 2774610

ICE re-detained the petitioner without a shown lawful revocation, notice of reasons, or the required informal interview, and his removal is not reasonably foreseeable; release was ordered with notice required once a third country is identified.

Redetention Informal interview Notice Zadvydas Withholding Third-country designation Jurisdiction 1252(g)

Caution The third-country notice claim was held premature even as summary judgment on it was denied, and no fixed notice period was set; final judgment was to be entered separately and is not in the file; the government produced no copy of any order revoking supervision; the court noted a split on whether the six-month period resets on re-detention.

S.D. Fla. September 9, 2025 824 F. Supp. 3d 1243

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.

Redetention Informal interview Notice CAT deferral Jurisdiction 1252(g)

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.

C.D. Cal. September 3, 2025 2025 U.S. Dist. LEXIS 171809; 2025 WL 4666804

The revocation notice was not individualized and stated no reasons, and ICE's belief that removal was now possible was no changed circumstance; release was ordered and re-detention or removal barred without notice and an opportunity to be heard.

Redetention Notice Informal interview CAT deferral Third-country designation

Caution Temporary restraining order and preliminary injunction on a preliminary record; the Form I-294 account reaches the court through a declaration by the petitioner's brother relaying a telephone call and is the record before the court, not a judicial finding; the brief warns that the 'border on the Kafkaesque' quotation in this order follows an ambiguous 'Id.' and is now traced to Roble v. Bondi at 772.

S.D.N.Y. August 26, 2025 798 F. Supp. 3d 400

The government gave no notice of revocation and no interview before re-detaining a man released in 2018, violating its own regulations and due process; release was ordered, and transfer after filing did not defeat jurisdiction.

Redetention Notice Informal interview Jurisdiction 1252(g) Transfer out of district

Caution Granted in part. The court's description of Westley v. Harper as reaching the merits of the section 241.4(l) claim is in tension with the project's earlier note that Westley was dismissed for want of jurisdiction, and the brief directs that neither characterisation be published until the Westley opinion itself is read.

E.D. Cal. August 20, 2025 2025 WL 2791778

The re-detention was unlawful because ICE gave no informal interview and showed no changed circumstances making removal to China reasonably foreseeable; release was ordered and re-detention barred without notice and a pre-detention hearing before an immigration judge.

Redetention Informal interview Notice Zadvydas Third-country designation Jurisdiction 1252(g)

Caution Temporary restraining order granted in part on a preliminary record, with a preliminary-injunction schedule to follow; the request to enjoin third-country removal was denied without prejudice as not ripe; the order introduces 'five claims' and then lists six, and several regulatory citations are printed irregularly.

S.D. Fla. August 8, 2025 2025 WL 2280485; 2025 U.S. Dist. LEXIS 153228 Third country: Guatemala

The emergency motion was denied: section 241.4(l)(2) required no notice or interview and both were in fact given, the Zadvydas claim was premature, and the regulatory stay barred removal to Mexico only.

Redetention Informal interview Notice Zadvydas CAT deferral Third-country designation Jurisdiction 1252(g) Transfer out of district Bond hearing

Caution The brief records that this decision resolves the project's ledger claim 10 against the version previously carried: the motion was denied, and no appellate stay is supported, only the district court's interim order of June 12, 2025 staying transfer and removal. The decision splits from Grigorian, Zhu, Ceesay and Torres on whether section 241.4(l)(1) process attaches to an (l)(2) revocation, and from Gonzalez v. Noem and Zhu on jurisdiction to restrain a transfer.