Asatryan Gevorg v. Warden of the Golden State Annex Detention Facility, et al.

Good Law
United States District Court, Eastern District of CaliforniaDecember 5, 20251:25-cv-00992California6,113 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ASATRYAN GEVORG, Case No. 1:25-cv-00992-HBK (HC)1 Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS

v. (Doc. No. 13) WARDEN OF THE GOLDEN STATE ANNEX DETENTION FACILITY, et al, 15 Respondents. 16 17 Petitioner Asatryan Gevorg, an immigration detainee in U.S. Immigration Customs and Enforcement (ICE) custody at the Golden State Annex Detention Facility in McFarland, California, initiated this action by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2241. (Doc. No. 1, “Petition”). The Petition raises the following claim for relief: Petitioner’s detention without a bond hearing for more than six months is unconstitutional, and “even absent a bright line six-month standard,” after applying the three-part test in Mathews v. Eldridge2 test or an alternate multi-factor reasonableness test, his continued detention without a bond hearing violates his procedural due process rights under the Fifth Amendment. (Id. at 8- 26 1 Both parties…

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