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.
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.
Redetention Order of supervision Due process Bond hearing Custody hearing Third-country designation Notice
The court's own text
Read from the preliminary injunction of 21 August 2025, obtained free from govinfo and CourtListener.
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