Gergawi

Kerolos Gergawi v. Christopher Larose; Sidney Aki; Todd Lyons; Kristi Noem; Pamela Bondi; U.S. Department of Homeland Security; and U.S. Immigration and Customs Enforcement

Good Law
United States District Court, Southern District of CaliforniaDecember 23, 20253:25-cv-03352California2,396 words

Opinion

Trial Court Opinion

I. BACKGROUND

26 Petitioner, a native of Egypt, entered the United States on April 12, 2024. ECF No. 1 27 ¶ 41. He alleges that he was detained until the following day, when he was put into removal 28 proceedings and then was released into the United States on his own recognizance. Id. ¶ 41; ECF No. 5-1, Ex. 1. The parties agree that Petitioner’s release was based on an Order of Release on Recognizance. ECF Nos. 8, 9. After his release, Petitioner alleges that he complied with regular ICE check-ins, while his removal case remained pending and he pursued an asylum claim. ECF No. 1 ¶¶ 44, 45. On June 30, 2025, Petitioner alleges that during his regularly scheduled Master Calendar hearing, the government attorney moved to dismiss his removal proceedings in order to put him into expedited removal proceedings. Id. ¶ 46. The IJ did not grant the motion at that time, but provided Petitioner 10 days to respond to the request. Id. Petitioner alleges that he was then apprehended by ICE when he exited the courtroom. Id. ¶ 47. Petitioner alleges that at the time he was apprehended, he was not provided with a written notice or given any reason for…

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