Darwin Antonio Arevalo Millan v. Donald J. Trump
5:25-cv-01207
C.D. Cal.Jun 23, 2025Background
- Darwin Arevalo, a Venezuelan citizen, was detained by ICE at the Desert View Annex despite previously being granted parole while his asylum application was pending.
- Arevalo suspected his detention was pursuant to Proclamation No. 10903, aimed at detaining certain Venezuelan citizens, and filed suit on behalf of himself and a putative class of other Venezuelan nationals.
- Arevalo sought injunctive relief to prevent removal under the Alien Enemies Act without adequate notice and process, as well as immediate release after subsequently being granted asylum.
- The court initially issued a temporary restraining order and later certified a class and enjoined removals under the Proclamation, expressing concerns over Arevalo’s detention basis.
- After being granted asylum, Arevalo remained in custody pending the government’s intended appeal, prompting his emergency ex parte application for habeas corpus.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ex parte habeas relief is proper | Immediate release required post-asylum grant | Detention authorized pending government appeal | Relief denied |
| Duration of INA detention authority | Detention authority ceased after asylum grant | Authority continues until removal proceedings (including appeal) conclude | Authority continues |
| Effect of asylum decision finality | Judge’s asylum grant is conclusive | Decision not final until appeal resolved | Not conclusive until appeal |
| Applicability of cited Supreme Court cases | Recent SCOTUS cases limit detention authority | Those cases do not affect authority under 8 U.S.C. § 1225 | Cases not limiting |
Key Cases Cited
- Jennings v. Rodriguez, 583 U.S. 281 (2018) (holding that the government may detain applicants for admission during removal proceedings)
- Biden v. Texas, 597 U.S. 785 (2022) (addressing executive discretion to end immigration programs; not limiting § 1225 authority)
- Johnson v. Arteaga-Martinez, 596 U.S. 573 (2022) (ruling that no automatic bond hearing requirement exists after six months in immigration detention)