The court granted the petition, holding that re-detaining a person who had complied with an order of supervision since 2018, at a scheduled check-in and without notice or a hearing, violated procedural due process, and ordered her immediate release. It entered a limited permanent injunction requiring at least seven days’ notice and a hearing before an immigration judge before any re-detention, and written notice and a meaningful opportunity to respond in reopened proceedings before any attempt to remove her to a country other than Guatemala.
Caution Unpublished slip copy. Decided by a magistrate judge on the parties’ full consent, so unlike the recommendations in this collection it is a final and appealable judgment. As of 7 September 2026 no subsequent history appeared, but the decision is recent enough that the appeal window and any post-judgment motions may still be open. The printed text carries several original typographical errors.
Redetention Due process Notice Third-country designation Withholding of removal CAT
The court's own text
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