5:25-cv-06487
N.D. Cal.Sep 19, 2025Background
- Garcia, a 54-year-old Colombian asylum-seeker with hypertension and limited hearing, was detained by ICE after processing and release on own recognizance in March 2024.
- Garcia has resided in the U.S. for about 18 months and has no criminal history or perceived threat according to DHS records at release.
- Alvarado Ambrocio, a 24-year-old Guatemalan asylum-seeker who was pregnant, was detained briefly in April 2024 but released under 8 U.S.C. § 1226 with notice to appear.
- In September 2025, Garcia appeared at a San Francisco immigration court; ICE sought dismissal to pursue expedited removal, and Garcia was re-detained after a hearing in which she was unrepresented.
- Alvarado Ambrocio appeared in immigration court on September 11, 2025, with her infant; after two attorneys warned of ICE outside, an agreement limited detention but did not resolve future risk of detention.
- Petitioners filed a habeas petition and ex parte motion for a TRO on September 19, 2025, seeking Garcia’s immediate release and a pre-detention bond hearing; Alvarado Ambrocio sought TRO relief as well.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Garcia’s detention violates due process | Garcia’s liberty interest is substantial and detention lacks a valid basis. | Detention serves government interests in flight risk/public safety; procedures may justify detention. | Garcia likely succeeds on procedural due process grounds; due process requires pre-detention hearing. |
| Whether Garcia is entitled to ex parte TRO | Immediate release and pre-detention hearing are necessary to prevent irreparable harm. | Ex parte relief is exceptional and only when irreparable harm is demonstrated before opposition can be heard. | Granted ex parte TRO for Garcia; ordered release and pre-detention hearing; no bond requirement noted. |
| Whether Alvarado Ambrocio warrants immediate ex parte relief | Alvarado Ambrocio faces imminent risk of detention at next appearance. | No detention is currently occurring; risk is not imminent enough for ex parte relief. | Ex parte TRO denied for Alvarado Ambrocio; court will consider preliminary relief after response. |
| Scope and duration of relief | Relief should preserve status quo and prevent unlawful detention pending briefing and hearing. | Relief should be narrowly tailored and time-limited to the immediate issue. | TRO granted for Garcia to October 2, 2025, with procedures for pre-detention hearing; preliminary injunction hearing scheduled. |
| Bond and notice requirements | Pre-detention hearing will address necessity and avoid irreparable harm. | Bond may be handled differently given ex parte posture. | Rule 65(c) bond dispensed with due to minimal risk of harm to respondents; advance notice for hearings required. |
Key Cases Cited
- Washington v. Trump, 847 F.3d 1151 (9th Cir. 2017) (standard for TRO and preliminary injunction in civil rights contexts)
- All. for the Wild Rockies v. Peña, 865 F.3d 1211 (9th Cir. 2017) (balance of hardships and likelihood questions for injunctions)
- Shell Offshore, Inc. v. Greenpeace, Inc., 709 F.3d 1281 (9th Cir. 2013) (reaffirming standard for preliminary injunctions and irreparable harm)
- E. Bay Sanctuary Covenant v. Trump, 932 F.3d 742 (9th Cir. 2018) (constitutional rights implicated in immigration detention and relief standards)
- Granny Goose Foods, Inc. v. Brotherhood of Teamsters, 413 U.S. 423? 415 (1974) (relevance to injunctions and preserving status quo (note: standard reporter format applied elsewhere))
- Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (U.S. 2008) (preliminary injunction criteria)
- Nken v. Holder, 556 U.S. 418 (U.S. 2009) (equities and public interest merge when government is opposing party)
- Zadvydas v. Davis, 533 U.S. 678 (U.S. 2001) (constitutional constraints on detention)
- Landon v. Plasencia, 459 U.S. 21 (U.S. 1982) (liberty interest of noncitizens under due process)
- Yamataya v. Fisher, 189 U.S. 86 (U.S. 1903) (due process implications for immigration detainees)
- Cuviello v. City of Vallejo, 944 F.3d 816 (9th Cir. 2019) (irreparable harm from wrongful deprivation of constitutional rights)
- Baird v. Bonta, 81 F.4th 1036 (9th Cir. 2023) (irreparable harm and constitutional rights in balance of equities)
- Jorgensen v. Cassiday, 320 F.3d 906 (9th Cir. 2003) (bond and financial considerations in TRO context)