DHS may designate a removal country outside removal proceedings, but designating Somalia without notice or an opportunity to be heard violated due process, so proceedings must be reopened before any removal there.
Caution The four-step notice procedure often attributed to this case comes from subsection D of the magistrate judge's report, which the district judge did not adopt; the court's statement that failing to advise of the right to apply for asylum or withholding is itself a due process violation is hedged as what Ninth Circuit case law 'suggests'; the court held detention was not indefinite under Zadvydas and granted only a bond hearing on that score. Any account presenting the case as forbidding administrative designation misstates it.
Redetention Notice Third-country designation Withholding CAT deferral Jurisdiction 1252(a)(5) Bond hearing Zadvydas
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