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Habeas Corpus - Alien Detainee | California Central
Order
ORDER GRANTING THE PETITION, ORDERING PETITIONER'S RELEASE FROM CUSTODY, AND REQUIRING SUPPLEMENTAL BRIEFING by Magistrate Judge Karen E. Scott, 1 . IT IS THEREFORE ORDERED that: 1. The Petition is granted. 2. Respondents shall immediately re lease Sergio Salazar-Sorto (A# 094-946-631) from custody. 3. If Respondents have not released Petitioner within three (3) days of the date of this order, Petitioner may file a request for an order to show cause re contempt. 4. Within fourteen (14) da ys of this order, Petitioner shall file a supplemental brief addressing whether Petitioner is also entitled to prospective injunctive relief preventing his re-detention without a pre-deprivation hearing as a matter of due process, given that he is a former DACA recipient who has lived in the U.S. for many years. See generally Anderson v. Chernut, No. 26-cv-01960-DAD-CKD, 2026 WL 809990, at *2, 2026 U.S. Dist. LEXIS 62410, at *4 (E.D. Cal. Mar. 24, 2026) (reasoning that "the government 9;s knowing decision not to detain an individual creates a liberty interest in their continued release"); Hernandez v. Warden, Golden State Annex Det. Facility, No. 26-cv-3727, 2026 WL 1759597, at *2-3, 2026 U.S. Dist. LEXIS 136216, at *3-6 (E.D . Cal. June 18, 2026) (finding that district courts have "'overwhelmingly found' that a noncitizen with active deferred action status [under DACA] has a protected liberty interest under the Due Process Clause" and that the expirat ion of petitioner DACA status does not eliminate his vested protected liberty interest" where the government has not "terminated" his status), R&R adopted in part, rejected in part, 2026 WL 2099232 (E.D. Cal. July 21, 2026). If Petitioner argues that he is entitled to this relief, the Court will give Respondents an opportunity to respond. [SEE ORDER FOR FURTHER INFORMATION.] (san)
Other Immigration Actions | California Southern
Early Neutral Evaluation Conference Case Management Conference ~Util - Set Hearings
Minute Entry for proceedings held before Magistrate Judge Steve B. Chu: Early Neutral Evaluation Conference and Case Management Conference held on 09/03/2026. (Plaintiff Attorney Alejandro Barajas). (Defendant Attorney Sheldon Smith). A further settlement conference will be held on 09/17/2026 at 10:30 AM. To participate in the conference, participants shall use the Zoom meeting information to be emailed to counsel. (no document attached). (gxg).
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