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’s 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’ 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 by the district judge on 1 September 2026, who granted the petition and ordered immediate release, but refused as premature the recommended injunction against third-country removal. That order is the court’s final position and has its own entry in this register. Unpublished slip copy.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.’s, not this court’s.
Redetention Prolonged detention (Zadvydas) Third-country designation Notice Due process Reasonable fear Pre-deprivation hearing
The court's own text
Read in full from the text of the findings and recommendations of the magistrate judge. The document is a work of the United States government and is in the public domain.
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