Ulloa Hernandez, a noncitizen who had been detained by immigration authorities, challenged his ongoing detention through a habeas corpus petition under 28 U.S.C. § 2241. The petitioner was being held at the California City Detention Facility while facing removal proceedings.
Judge Coggins relied on her previous rulings in similar cases involving long-term U.S. residents, noting that 'a noncitizen who has lived in the United States for an extended period of time without having been admitted is subject to discretionary detention during removal proceedings pursuant to 8 U.S.C. § 1226(a) and is entitled to a pre-deprivation bond hearing under that section.' The court found that respondents had not identified any factual or legal issues that would distinguish this case from prior decisions ordering release.
The government opposed the motion for temporary restraining order but acknowledged that 'the factual and legal issues present here are not substantively distinguishable' from cases where the court had previously granted relief. Respondents also stated they did not oppose the court resolving the petition's merits without further briefing.
The ruling adds to a growing line of Eastern District of California decisions ordering the release of long-term U.S. residents from immigration detention. The court ordered that if the government seeks to re-detain Ulloa Hernandez, they must provide him with a bond hearing where he would bear the burden of showing he is not a flight risk or danger to community safety.