(HC)Okoth
Bovin Marco Okoth v. Polly Kaiser, et al.
United States District Court, Eastern District of CaliforniaJanuary 7, 20261:25-cv-01936California2,305 words
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BOVIN MARCO OKOTH, No. 1:25-cv-01936-KES-SAB Petitioner, ORDER DENYING MOTION FOR
TEMPORARY RESTRAINING ORDER,
v. GRANTING RESPONDENTS’ MOTION TO
DISMISS, AND DISMISSING THE FIRST
POLLY KAISER, et al., AMENDED PETITION FOR WRIT OF
HABEAS CORPUS WITHOUT PREJUDICE
Respondents. Docs. 5, 6, 14
ORDER GRANTING PETITIONER’S
MOTION FOR LEAVE TO FILE UNTIMELY
OPPOSITION
18 Doc. 16 19 20 Petitioner Bovin Marco Okoth is an immigration detainee proceeding with a first amended petition for writ of habeas corpus, Doc. 5, and a motion for temporary restraining order, Doc. 6. Petitioner seeks his immediate release from immigration detention, arguing that his detention violates the Due Process Clause of the Fifth Amendment and exceeds ICE’s statutory authority under Immigration and Nationality Act (“INA”) § 236(a) [8 U.S.C. § 1226(a)]. Doc. 6. Respondents move to dismiss the petition,…