The magistrate judge recommended granting the petition on the claims that re-detention breached the changed-circumstances requirement and amounted to unconstitutionally indefinite detention, China having repeatedly declined to issue travel documents, and that an earlier preliminary injunction be made permanent. Reaching the third-country claim, she recommended barring any third-country removal without twenty-one days’ written notice in a language the petitioner understands, at least ten days to raise a fear-based claim, a government motion to reopen if reasonable fear is shown, and at least fifteen days to seek reopening if it is not.
Caution This is a findings and recommendation, not a decision of the court, with a seven-day objection period. As of 7 September 2026 no order adopting it appeared, so the docket should be checked before it is treated as operative. Unpublished slip copy. The detention holdings are not independent analysis: the magistrate judge rests on the district judge’s earlier preliminary injunction reasoning because the evidentiary record had not changed. Three of the claims were not reached. The printed text repeatedly miscites the governing regulation.
Redetention Prolonged detention (Zadvydas) Due process Third-country designation Notice Reasonable fear CAT Jurisdiction
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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