Decisions

Diaz Muro v. U.S. Department of Homeland Security

E.D. Cal. · August 28, 2026

Court E.D. Cal.
Decided August 28, 2026
Docket Case No. 1:26-cv-05993-KES-EPG-HC
Citation Slip Copy; 2026 WL 2547035
Judge Grosjean, United States Magistrate Judge
Disposition Other
Nationality Cuba; paroled into the United States in 1980, lawful permanent resident from 1988, ordered removed to Cuba in 2021 and released on an order of supervision in 2022
Third country Mexico

The magistrate judge recommended granting the petition, finding nothing in the record to show that ICE gave the required informal interview on revoking the order of supervision, and that the government failed to carry its burden of changed circumstances because removal to Mexico under the standing arrangement depends on consent, which he refused at every service. She recommended release, a hearing before any re-detention, and an injunction barring third-country removal without fourteen days\u2019 notice and an immigration judge hearing.

Caution This is a findings and recommendation, not a decision of the court, and as of 7 September 2026 no order adopting or rejecting it had issued. It should not be cited as a final holding. Unpublished slip copy. It issued before the petitioner\u2019s reply deadline had run and on an untimely government response, and the court expressly declined to reach his other claims. The petitioner is self-represented. His criminal history was acknowledged and held not to justify continued detention, a point a reviewing judge could weigh differently.

Redetention Zadvydas Third-country designation Notice Due process Pre-deprivation hearing

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