Wofford
R.A.N.O. v. Minga Wofford, Mesa Verde ICE Processing Center Facility Administrator; Sergio Albarran, Acting Field Office Director of the San Francisco Immigration and Customs Enforcement Office; Todd M. Lyons, Acting Director of United States Immigration and Customs Enforcement; Kristi Noem, Secretary of the United States Department of Homeland Security; Pamela Bondi, Attorney General of the United States
Opinion
Trial Court Opinion
I. Background
25 Petitioner is a 38-year-old asylum-seeker from Nicaragua who entered the United States in 26 October 2022. Doc. 14-3, R.A.N.O. Decl. at ¶¶ 1–2. He crossed the southern border without
1 Petitioner’s motion to proceed under pseudonym was granted by separate order. Doc. 16. inspection in Texas on October 12, 2022, and immigration authorities arrested and detained him that day. See id.; Doc. 17-1, Martinez Decl. at ¶ 6. On October 14, 2022, immigration authorities released him on humanitarian parole pursuant to 8 U.S.C. § 1182(d)(5)(A). Doc. 17-1, Martinez Decl. at ¶ 7; Doc. 14-3, R.A.N.O. Decl. at ¶ 5; Doc. 20-2, Ex. 2. Immigration officials may parole a noncitizen pursuant to 8 U.S.C. § 1182(d)(5)(A) “for ‘urgent humanitarian reasons’ or ‘significant public benefit,’ provided the [noncitizen] present[s] neither a security risk nor risk of absconding.” 8 C.F.R. § 212.5(b) (quoting 8 U.S.C. § 1182(d)(5)(A)). “Release [therefore] reflects a determination by the government that the noncitizen is not a danger to the community or a flight risk.” Saravia v. Sessions, 280 F. Supp. 3d 1168, 1176 (N.D. Cal. 2017), aff’d…