Cruz v. Lyons

The district judge adopted the findings in part and granted the petition. The court assumed the more demanding Zadvydas standard applied, because the record did not make clear whether the re-detention rested only on changed circumstances or also on violations of the order of supervision. On that assumption the petitioner had shown no significant likelihood of removal in the reasonably foreseeable future: the government produced no evidence that Mexico had formally accepted him, and removal to Mexico under the informal arrangement depends on the person’s consent, which he had refused on five occasions. Immediate release was ordered, and re-detention under 8 C.F.R. 241.13(i)(2) was enjoined unless there are material changed circumstances and a neutral decisionmaker finds a significant likelihood of removal.

Caution The injunction against third-country removal that the magistrate judge had recommended was refused as premature, the court finding nothing in the record to suggest removal to any country other than Mexico was contemplated. A footnote preserves the government’s ability to re-detain for a further six months under 8 C.F.R. 241.13(i)(1) if the conditions of release are violated. The court noted concerns about the petitioner’s criminal history but held that Ninth Circuit authority directed release on conditions. Unpublished; no reporter citation established. The order cites the findings and recommendations as Document 32 where the docket shows Document 13.

Redetention Prolonged detention (Zadvydas) Third-country designation Due process Pre-deprivation hearing

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