Becerra

(HC)Gonzalez Chavez v. Becerra

Good Law
United States District Court, Eastern District of CaliforniaAugust 28, 20241:24-cv-01032California881 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ELIAZAR GONZALEZ CHAVEZ, Case No. 23-cv-03152-PCP

Plaintiff,

ORDER TO TRANSFER

v.

MOISES BECERRA, et al., Defendants.

12 Petitioner Gonzalez Chavez brings this petition for writ of habeas corpus under 28 U.S.C. § 2241 challenging his confinement of more than two and a half years at the Golden State Annex (GSA), a private immigration detention facility located in the Eastern District of California. Dkt. No. 1. Gonzalez Chavez is detained pursuant to 8 U.S.C. 1226(c), which requires indefinite civil detention without an individualized bond hearing during removal proceedings for individuals with certain prior criminal convictions. Gonzalez Chavez contends that his continued detention violates the Fifth Amendment because it has become punitive and he has never been afforded the procedural protections required before punishment may be imposed. See United States v. Torres, 995 F.3d 695, 708 (9th Cir. 2021). Even if his detention has not become punitive, Gonzalez Chavez asserts…

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