Decisions

Ortega v. Kaiser

N.D. Cal. · August 6, 2025

Court N.D. Cal.
Decided August 6, 2025
Docket 25-cv-05259-JST
Citation 2025 WL 2243616
Judge Jon S. Tigar, United States District Judge
Disposition Interim relief granted
Nationality El Salvador

Serious questions exist that due process bars detention or removal to any third country without notice and an opportunity to present a fear-based claim; sections 1252(g), (a)(5), (b)(9) and FARRA do not bar review.

Caution Preliminary injunction on the 'serious questions' standard, converted from a temporary restraining order by consent; every merits finding is framed as a serious question and none is final; no third country is identified anywhere in the file, and the court did not identify the governing detention statute by number.

Redetention Notice Third-country designation CAT deferral Zadvydas Jurisdiction 1252(g) Jurisdiction 1252(a)(5) Jurisdiction 1252(b)(9)

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