Kaiser

Juan Edelmar Alva Alva v. Polly Kaiser, et al.

Good Law
United States District Court, Northern District of CaliforniaDecember 9, 20253:25-cv-06676California799 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JUAN EDELMAR ALVA ALVA, Case No. 25-cv-06676-RFL

Petitioner,

ORDER DENYING MOTION FOR

v. LEAVE TO FILE MOTION FOR

RECONSIDERATION

POLLY KAISER, et al., Re: Dkt. No. 20 Respondents.

Before the Court is Petitioner Juan Edelmar Alva Alva’s ex parte motion for leave to file a motion for reconsideration of the Court’s October 16, 2025 order clarifying the preliminary injunction it issued on August 21, 2025. (Dkt. No. 20.) Specifically, Alva Alva seeks leave to file a motion to reconsider the portion of the clarification order stating that “[t]he Constitution does not require hearing procedures beyond those applicable in the 8 U.S.C. § 1226(a) discretionary detention context.” (See Dkt. No. 19 at 1.) For the reasons that follow, Alva Alva’s motion is DENIED without prejudice. This order assumes the parties’ familiarity with the facts of this case, the applicable legal standards, and both sides’ arguments. Under Civil Local Rule 7-9(b), a party seeking leave to file a motion for reconsideration must show reasonable diligence in the motion and one of three enumerated circumstances…

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