Opinion

Reyes v. Kaiser

Court
District Court, N.D. California
Filed
Jun 30, 2025
Cited by
0 cases

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GUILLERMO M.R., Case No. 25-cv-05436-RFL

Petitioner,

TEMPORARY RESTRAINING

v. ORDER

POLLY KAISER, et al., Re: Dkt. No. 2

Respondents.

On June 30, 2025, Petitioner filed an ex parte motion for temporary restraining order and

preliminary injunction (“Motion”) to enjoin the U.S. Department of Homeland Security (“DHS”)

and U.S. Immigration and Customs Enforcement (“ICE”) from re-arresting him. (Dkt. No. 2.)

Petitioner asserts that he was released on bond in March of 2023 and that Respondents plan to re-

detain him on July 1, 2025, at 8:00 a.m. (Id.) On June 30, 2025, at 3:30 p.m., the Court held an

emergency hearing via zoom on Petitioner’s Motion, at which Petitioner’s counsel and

Respondents’ counsel appeared. (Dkt. No. 8.) Prior to the hearing, the Court reviewed the

Petition, the Motion, and a declaration and related papers filed by Respondents immediately

before the hearing. (Dkt. No. 7.) At the hearing, the Court gave a tentative ruling, and heard

argument from both parties. (Dkt. No. 8.) The following Order incorporates and adopts the

tentative reasoning stated on the record at the hearing.

The additional authorities cited by Respondents at the hearing do not change the Court’s

determination. Rodriguez Diaz v. Garland, 53 F.4th 1189 (9th Cir. 2022) presented a

fundamentally different issue than this case, for two reasons. First, Petitioner is subject to an

immigration detention provision that “lack[s the] process” available to petitioners in Rodriguez

Diaz. See 53 F.4th at 1202–03. While Rodriguez-Diaz found that “Section 1226(a) offers

substantial procedural protections to detained persons” subject to prolonged detention, id. at

1193, the same is not true of 8 U.S.C. § 1231(a)(6), which provides no right to a bond hearing.

Second, Rodriguez-Diaz involved the liberty interests of those already in detention, rather than

those of an individual who has spent more than two years released on bond. Just as the liberty

interests of a parolee who is re-arrested differ from the interests of an inmate who seeks to have a

parole board review the terms of his incarceration, Petitioner has asserted liberty interests that

differ from the liberty interests of a detained person in Rodriguez Diaz, and yet he will be

afforded more limited process. There is a serious question as to whether that satisfies the

constitutional requirements of due process.

Uc v. Kaiser, No. 22-cv-04369, 2022 WL 9496434 (N.D. Cal. 2022), is likewise

unhelpful. The petitioner in Uc did not have a due process right to a second bond hearing

because his liberty interests were diminished after the BIA vacated on appeal the Immigration

Judge’s (“IJ”) order releasing him on bond. Id. at *3. A second bond hearing would thus

undermine the government’s interest in being able to “meaningfully appeal an IJ’s bond

determination to the BIA.” Id. at *4. Unlike the petitioner in Uc, Petitioner is not challenging

his initial bond decision following “routine and foreseeable appellate review,” because the

government never appealed Petitioner’s original bond determination. Id. at *3. Indeed, Uc

specifically distinguished the liberty interests at stake in re-arrests that “did not involve a

challenge to the initial detention or bond decision,” such as the one at issue here. Id.

Respondent further cites to 8 C.F.R. 241.13(d)(1) and (j) to support the proposition that

Petitioner will have sufficient opportunity to challenge his detention after he is re-arrested.

Section (d)(1) provides that “[a]n eligible alien may submit a written request for release to the

[ICE headquarters] asserting the basis for the alien’s belief that there is no significant likelihood

that the alien will be removed in the reasonably foreseeable future,” and Section (j) allows

submission of a “request for review of his or her detention . . . six months after the Service’s last

denial of release under this section[.]” But neither process appears to involve a hearing, let alone

one before a neutral decisionmaker, and no timeline is specified by which the initial review of

Petitioner’s detention would occur. Nor have Respondents identified any other means by which

Petitioner may challenge his detention or bond revocation in the near future.

Moreover, the information provided at the hearing confirms that the balance of equities

tips sharply in Petitioner’s favor. Respondents waited over six weeks from the incident at issue

to try to arrest Petitioner, and when they determined to do so, they set up an appointment where

Petitioner received advanced notice of his planned detention. As Respondents’ counsel

conceded, ICE likely had the ability to obtain the police report when it learned of the arrest in

mid-May. Yet, Respondents either did not obtain the police report, or obtained it and did not

seek to arrest Petitioner, given the circumstances. Respondents’ course of conduct demonstrates

their lack of urgency, as does Respondents’ request for a more extended briefing and hearing

schedule than initially proposed by the Court in the event a temporary restraining order was

granted.

Having reviewed the additional authority cited by the parties, and for the reasons

described at the hearing, the Court enters the following temporary restraining order.

I. ORDER

For the forgoing reasons, IT IS HEREBY ORDERED that Petitioner’s Motion for a

Temporary Restraining Order is GRANTED to preserve the status quo pending further briefing

and a hearing on this matter. Respondents, and all their officers, agents, servants, employees,

attorneys, successors, assigns, and persons acting in concert or participation with them, are

hereby ENJOINED and RESTRAINED from re-arresting and re-detaining Petitioner until July

14, 2025 at 5:00 p.m.

Respondents are ORDERED TO SHOW CAUSE in-person at a hearing on July 14,

2025, at 1:00 p.m. why a preliminary injunction should not issue. Respondents shall file a

response to Petitioner’s Motion by no later than July 7, 2025, at 1:00 p.m. Petitioner may file a

reply by no later than July 10, 2025, at 1:00 p.m.

Petitioner shall serve this Order, the Petition, and the Motion for Temporary Restraining

Order by July 2, 2025, and file proof of service. No security bond is required.

IT IS SO ORDERED.

Dated: June 30, 2025 at 7:00 p.m.

RITA F. LIN

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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