Try our Advanced Search for more refined results
Searching dockets in Law Office Of Simran Kaur x
Alert me of new activity
All Case Activity Alerts Include: Answers, Appeals, Complaints, Motions, Orders, Trial Notes
Habeas Corpus - Alien Detainee | California Eastern
Temporary Restraining Order
MOTION for TEMPORARY RESTRAINING ORDER by Amit Kumar. (Attachments: # 1 Tro Checklist, # 2 Attorney Dec)(Kaur, Simranjit)
Findings and Recommendations
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/2/2026 RECOMMENDING that the 13 motion to dismiss be denied. Petitioner's 1 Petition for Writ of Habeas Corpus be granted on the Fifth Amendment procedural due process claim. The court declare that petitioner's re-detention violated petitioner's rights under the Fifth Amendment Due Process Clause. The court order permanent injunctive relief as follows: Petitioner Harmanpreet S. shall remain out of custody under the same conditions to which he was subject prior to his current detention. Respondents shall not impose any additional restrictions on him, unless such restrictions are determined to be necessary at a future pre-deprivation/custodyhearing. Respondents are enjoined and restrained from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing before a neutral fact-finder where: (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that Petitioner poses a danger to the community or a flight risk. At any such hearing, Petitioner shall be allowed to have counsel present. The court dismiss without prejudice the remaining claims in the habeas petition in the interest of judicial economy since the requested relief has been granted. Petitioner's request for attorney's fees and costs be denied without prejudice to bringing a properly noticed and supported motion. All other pending motions, if any, be denied as moot. The Clerk be directed to enter judgment in favor of petitioner and close this case. Motion referred to Judge Troy L. Nunley. Objections to F&R due within 3 days. (Deputy Clerk KEZ)
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login
Email (NOTE: Free email domains not supported)
First Name
Last Name
Job Title
PLEASE NOTE: A verification email will be sent to your address before you can access your trial.
Password (at least 8 characters required)
Confirm Password
Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.You’ll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. Please see our Privacy Policy.