Decisions

Garro Pinchi v. Mullin

N.D. Cal. · July 24, 2025

Court N.D. Cal.
Decided July 24, 2025
Docket No. 5:25-cv-05632-PCP
Citation Investigating. No reporter citation established.
Judge P. Casey Pitts, District Judge. The restraining order of 4 July 2025 was signed by Rita F. Lin, District Judge, sitting as duty judge
Disposition Temporary restraining order and order to show cause 4 July 2025. Preliminary injunction 24 July 2025.
Nationality Investigating. The orders read do not state it.
Third country Not in issue. No third country appears in this decision.

Frescia Garro Pinchi had been released on bond. Immigration and Customs Enforcement arrested her again, without a warrant, at a courthouse. The court held that a person previously released on bond holds a protected liberty interest, that she was therefore likely to succeed on her claim that due process entitles her to a hearing before a neutral immigration judge before any re-arrest, and that the government may not re-detain her absent clear and convincing evidence of flight risk or danger to the community.

Caution A district court decision, binding on the parties only. It is about warrantless re-arrest and the right to a hearing before re-detention. It does not concern a final order of removal, protection under the Convention against Torture, or removal to a third country. The case is now docketed as Garro Pinchi v. Mullin after a change of respondent; the surname is Garro Pinchi, not Pinchi.

Redetention Due process Bond hearing Custody hearing Arrest at a courthouse

The court's own text

Read from the preliminary injunction of 24 July 2025, obtained free from govinfo. This decision reached the Coalition through a secondary research memorandum that listed it among decisions about removal to a third country. It is not one. It is recorded here as what it is, a decision about re-detention, because that is the step that immediately precedes a third-country removal and the register would be incomplete without this line of cases. The mislabelling is noted rather than repeated.

This entry describes a court decision. It is a summary for readers who are learning how these cases work, not legal advice, and it does not tell anyone what to do in their own case. A decision may have been appealed, stayed, or superseded since this entry was written.

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