793 F.Supp.3d 1114
N.D. Cal.2025Background
- Carmen Aracely Pablo Sequen, a 30-year-old Guatemalan asylum seeker with no criminal history, voluntarily turned herself in upon entering the U.S. in June 2023 and fully complied with all ICE check-ins.
- She applied for asylum in May 2024, completed biometric requirements, and has been lawfully employed during the pendency of her case.
- On July 31, 2025, after an immigration court hearing where the government sought dismissal of its removal case, Sequen was re-arrested by ICE agents immediately after leaving court.
- The arrest and detention occurred without any pre-detention bond hearing and while her asylum proceedings were ongoing; she was unrepresented at the initial court appearance but obtained counsel immediately after arrest.
- On August 1, 2025, Sequen, with counsel, filed a habeas petition and an ex parte motion for a temporary restraining order (TRO) seeking her immediate release and to bar re-detention without a hearing.
- The court considered the TRO request on an expedited, ex parte basis, due to immediacy of alleged constitutional violations and possible irreparable harm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to Pre-Detention Hearing | Detention without hearing violates due process (Fifth Amendment) | Not clearly stated | TRO granted; bond hearing required before any detention |
| Irreparable Harm | Continued detention is immediate, irreparable constitutional injury | Not clearly stated | Found irreparable harm; no further showing needed |
| Balance of Equities/Public Interest | Harm to Sequen outweighs any government hardship | Government may suffer delay | Balance of hardships/public interest favors Sequen |
| Preservation of Status Quo | Immediate release needed to restore Sequen’s prior liberty status | Not challenged | Ordered immediate release to restore status quo |
Key Cases Cited
- Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (2008) (sets out four-factor test for preliminary injunctions)
- Nken v. Holder, 556 U.S. 418 (2009) (equities and public interest merge when government is party)
- Hernandez v. Sessions, 872 F.3d 976 (9th Cir. 2017) (deprivation of constitutional rights constitutes irreparable injury)
- Zepeda v. U.S. Immigr. & Nat. Serv., 753 F.2d 719 (9th Cir. 1983) (government not harmed by enjoining unconstitutional conduct)