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Habeas Corpus - Alien Detainee | California Eastern
Miscellaneous Relief
MOTION for PERMISSION to Marry by Jhony Roel Jakie Camones. (Deputy Clerk VLK)
Minute Order
MINUTE ORDER signed by District Judge Vince Chhabria on 9/10/2026: The Court has reviewed the parties' filings and finds that further supplementation of the record is necessary for adjudication on the Petition. It appears that Petitioner was placed in removal proceedings in 2023 due to his criminal convictions from 2004, 2007, and 2021, suggesting that DHS was aware of Petitioner's criminal convictions from at least 2023 onward. See Dkt. No. 6-1 at 1-4. However, based on the record before the court, it seems that Petitioner was detained for the first time in 2025. This two-year gap in detention may be significant to Petitioner's due process claim. See Perera v. Jennings, 598 F. Supp. 3d 736 (N.D. Cal. 2022) (finding that the Government's refusal to provide Petitioner with a bond hearing under Section 1226(c) violated his right to due process).
As such, by 9/17/2026, Respondents are ordered to file a supplemental response indicating whether Petitioner was detained by ICE at any point between 2023 and 2025 and, if not, the significance of this fact in relation to Petitioner's due process claim. Petitioner may file a reply by 9/22/2026. The Response must attach Petitioner I-213 form. (Text Only Entry) (Thomas, Julia)
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