Immigration detainee must get a bond hearing before a judge promptly.
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Immigration detainee must get a bond hearing before a judge promptly.
Why it matters
In Jesus A.B. v. Christopher Chesnut et al., No. 1:26-cv-2088-KES-EGC, the U.S. District Court for the Eastern District of California recommended granting a habeas corpus petition filed by an immigration detainee from Honduras. The court found that the government violated the petitioner's due process rights by re-detaining him without notice or an opportunity to challenge the detention, and ordered that he receive a bond hearing before an immigration judge where the government must bear the burden of proof.
Who it affects
This ruling directly affects immigration detainees in the Eastern District of California who were previously released on supervision and then re-detained without a prior hearing. It also affects the government agencies, such as ICE, that manage immigration detention in that district, as they must now provide a bond hearing with the burden of proof placed on the government.
What happens next
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Decision issued Jul 10, 2026
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- Decision issued Jul 10, 2026
- Possible rehearingParties can ask the same court to reconsider.
- Possible appeal to the circuit court
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Jul 10, 2026
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DEEPER READ
The central question was whether the government could re-detain an immigration detainee, who had previously been released on supervision, without first giving him notice and a chance to contest the reasons for his detention. The petitioner, a Honduran national, had been living in the United States for years, had removal proceedings administratively closed, and had been released by the government on an order of supervision. In June 2025, he was convicted of felony hit and run and sentenced to prison, after which ICE arrested him at Folsom State Prison in October 2025 pursuant to an administrative warrant. The government argued that the petitioner should be classified as an 'applicant for admission' subject to mandatory detention under 8 U.S.C. section 1225(b)(2), which would mean he had no right to a bond hearing. The court rejected this argument, consistent with several of its prior rulings in similar cases. Instead, the court found that the petitioner is detained under 8 U.S.C. section 1226(a), a provision that does not require mandatory detention and allows for release on bond. The court reasoned that the government's prior release of the petitioner on an order of supervision created a strong liberty interest in remaining free from detention. Re-detaining him without any notice, stated reason, or opportunity to respond violated his due process rights under the Constitution. The court acknowledged that the government's concern about the petitioner's criminal history and recent conviction was not obviously pretextual, but concluded that this did not eliminate the need for process. As a result, the court recommended granting the habeas petition and ordering a prompt bond hearing before an immigration judge. At that hearing, the government must prove by clear and convincing evidence that re-detention is necessary to prevent danger to the community or a risk of flight. The burden falls on the government, not on the detainee. The court denied the petitioner's separate motion for appointed counsel.
CITATION AND RECORD
Record source: CourtListener
1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 JESUS A.B.,1 No. 1:26-cv-2088-KES-EGC (HC) (A-Number: A-201222578), 13 ORDER DENYING MOTION FOR Petitioner, COUNSEL 14 v. FINDINGS AND RECOMMENDATION TO 15 GRANT PETITION FOR WRIT OF HABEAS CHRISTOPHER CHESNUT, et al., CORPUS AND ORDER A BOND HEARING 16 Respondents. (Docs. 1, 3) 17 TEN (10) DAY DEADLINE 18 19 20 Petitioner Jesus A.B. is an immigration detainee proceeding pro se with a petition for writ 21 of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). 22 Petitioner is a native of Honduras who entered the United States without inspection. (Doc. 23 10 at 2). In 2011, Immigration and Customs Enforcement (“ICE”) encountered Petitioner at the 24 Sacramento County Jail related to charges for drinking and driving, at which point Petitioner was 25 released upon being given a Notice to Appear. (Doc. 10 at 2, 10-1 at 8−9). Petitioner filed a 26 1 As recommended by the Committee on Court Administration and Case Management of the Judicial Conference of the United States, the Court omits petitioner’s full name, using only their first name and last initial, to protect 27 sensitive personal information. See Memorandum re: Privacy Concern Regarding Social Security and Immigration Opinions, Committee on Court Administration and Case Management, Judicial Conference of the United States (May 28 1, 2018), https://www.uscourts.gov/sites/default/files/18-cv-l-suggestion_cacm_0.pdf. 1 petition for non-citizen relative in 2013 and on January 9, 2015, Petitioner’s removal proceedings 2 were administratively closed while Petitioner sought relief with USCIS. (Id.). In June 2025, 3 Petitioner was convicted of a felony hit and run and sentenced to three years in prison. (Doc. 10 4 at 2, 10-4 at 19−24). On October 16, 2025, Petitioner encountered ICE at Folsom State Prison, 5 where he was subsequently arrested pursuant to an administrative warrant. (Doc. 10 at 2). 6 The Court has previously addressed the legal issues raised by the petition. See, e.g., Elmer 7 Joel M. C. v. Wofford, No. 1:25-CV-01622-KES-CDB (HC), 2025 WL 3501200 (E.D. Cal. Dec. 8 6, 2025); Clene C.D. v. Robbins, No. 1:25-CV-01463-KES-SKO (HC), 2026 WL 84302 (E.D. 9 Cal. Jan. 12, 2026); W.V.S.M. v. Wofford, No. 1:25-CV-01489-KES-HBK (HC), 2025 WL 10 3236521 (E.D. Cal. Nov. 19, 2025); Bilal A. v. Wofford, No. 1:25-CV-01715-KES-HBK (HC), 11 2025 WL 3648366 (E.D. Cal. Dec. 16, 2025); Marina V.N. v. Robbins, No. 1:25-CV-01845-KES- 12 SKO (HC), 2025 WL 3701960 (E.D. Cal. Dec. 21, 2025). 13 The Court set a briefing schedule on the petition and ordered Respondents to show cause 14 as to whether there are any factual or legal issues in this case that distinguish it from the Court’s 15 prior orders and that would justify denying the petition. (Doc. 7). On April 17, 2026, 16 Respondents filed a response in which they acknowledged case law to the contrary. (Doc. 10 at 17 3). Nevertheless, Respondents continue to maintain their position, which this Court has 18 repeatedly rejected in the cases noted above, that Petitioner is considered an “applicant for 19 admission” and therefore subject to mandatory detention under 8 U.S.C. §1225(b)(2). (Id.). In 20 line with the Court’s previous cases, the undersigned finds that Petitioner is detained pursuant to 21 section 1226(a), that the government’s previous release of Petitioner on an order of supervision 22 created a strong liberty interest in remaining free of detention, and that Respondents’ deprivation 23 of Petitioner’s liberty interest without notice and opportunity to challenge the reasons for 24 detention violated his due process rights. 25 Respondents contend that Petitioner’s prior criminal history and recent conviction for hit 26 and run justify re-detention without a pre-deprivation hearing. (Doc. 10 at 1). Respondents have 27 submitted Petitioner’s criminal rap sheet reflecting Petitioner’s arrests and 2025 conviction for 28 hit and run with injury. (Doc. 10-4 at 19−24). However, there was no indication that Petitioner 1 was provided with any notice, reason for re-detention, or opportunity to respond at the time of his 2 arrest. While Respondents represent that Petitioner was scheduled to receive a bond hearing on 3 April 22, 2026, (Doc. 10 at 2), the record contains no evidence that such a bond hearing occurred 4 or that, at such a bond hearing, the Government bore the burden to establish that bond was not 5 warranted. Nevertheless, Respondents’ “reliance on th[e] violation[] is ‘not obviously 6 pretextual.’” M.R.R. v. Chestnut, No. 1:25-CV-01517-JLT-SKO, 2025 WL 3265446, at *12 (E.D. 7 Cal. Nov. 24, 2025) (quoting Martinez Hernandez v. Andrews, No. 1:25-CV-01035 JLT HBK, 8 2025 WL 2495767 (E.D. Cal. Aug. 28, 2025)). In such a case, as other courts have done, the 9 undersigned concludes that prompt, post-deprivation process is required here, and that Petitioner 10 should be provided a bond hearing before an immigration judge. Id.; Carballo v. Andrews, No. 11 1:25-CV-00978-KES-EPG (HC), 2025 WL 2381464, at *8 (E.D. Cal. Aug. 15, 2025). In line 12 with previous cases, the Court finds that the Government should bear the burden of proof at any 13 such hearing to demonstrate to a neutral decisionmaker by clear and convincing evidence that re- 14 detention is necessary to prevent danger to the community or flight. M.R.R., 2025 WL 3265446, 15 at *14; Pinchi v. Noem, 792 F.Supp.3d 1025, 1032–33 (N.D. Cal. 2025). 16 As respondents have not made any new legal arguments and have not identified any 17 factual or legal issues in this case that would distinguish it from the Court’s prior decisions in 18 Elmer Joel M. C. v. Wofford, No. 1:25-CV-01622-KES-CDB (HC), 2025 WL 3501200 (E.D. Cal. 19 Dec. 6, 2025), Clene C.D. v. Robbins, No. 1:25-CV-01463-KES-SKO (HC), 2026 WL 84302 20 (E.D. Cal. Jan. 12, 2026), Bilal A. v. Wofford, No. 1:25-CV-01715-KES-HBK (HC), 2025 WL 21 3648366 (E.D. Cal. Dec. 16, 2025), W.V.S.M. v. Wofford, No. 1:25-CV-01489-KES-HBK (HC), 22 2025 WL 3236521 (E.D. Cal. Nov. 19, 2025), and Marina V.N. v. Robbins, No. 1:25-CV-01845- 23 KES-SKO (HC), 2025 WL 3701960 (E.D. Cal. Dec. 21, 2025),
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