Arora

Lovedeep Arora v. United States Department of Homeland Security, et al.

Good Law
United States District Court, Northern District of CaliforniaDecember 16, 20253:25-cv-07064California794 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LOVEDEEP ARORA, Case No. 25-cv-07064-RFL

Plaintiff,

ORDER DENYING MOTION FOR

v. TEMPORARY RESTRAINING

ORDER

UNITED STATES DEPARTMENT OF

HOMELAND SECURITY, et al., Re: Dkt. No. 19 Defendants.

Arora states that he fled India after being beaten and shot over his political and religious beliefs. He crossed the border from Mexico into Arizona in November 2021. Immigration officers immediately detained him and then issued a Form I-860, entitled “Notice and Order of Expedited Removal.” (See Dkt. No. 30-3.) The top portion of the Form I-860 (entitled “Determination of Inadmissibility”) shows that he was determined to be inadmissible on November 26. Arora, however, expressed a fear of persecution if returned to India. When a noncitizen expresses such a fear, no expedited removal is permitted unless an asylum officer first interviews them about their fear and finds the fear not to be credible (a proceeding known as a Credible Fear Interview (“CFI”)). See 8 U.S.C. §§ 1225(b)(1)(A)(i)-(ii), (b)(1)(B)(i), (iii)(I). But no CFI was held or scheduled at that time. …

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