The magistrate judge recommended granting the petition, finding detention had passed the presumptively reasonable six months with no significant likelihood of removal, and that ICE revoked release without the notice and prompt informal interview the regulations require. He recommended release, an injunction against re-detention absent strict compliance, and an injunction against third-country removal without at least ten days’ notice and a meaningful opportunity to raise a fear-based claim before an immigration judge.
Caution This is a findings and recommendation, not a decision of the court, issued with a shortened seven-day objection period. It was ADOPTED IN PART AND REJECTED IN PART by the district judge on 21 July 2026, so parts of what is recommended here do not stand; the 21 July order must be read before this is relied on. Unpublished slip copy. The magistrate judge expressly declined to reach the claim that the detention hearing was constitutionally inadequate.
Prolonged detention (Zadvydas) Redetention Due process Third-country designation Notice CAT
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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