(HC)Okoth

Bovin Marco Okoth v. Polly Kaiser, et al.

Good Law
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,…

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