Avilez

Avilez v. Barr

Good Law
United States District Court, Northern District of CaliforniaApril 8, 20203:19-cv-08296California1,735 words

Opinion

trial_court Opinion

1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 LEXIS HERNANDEZ AVILEZ, Case No. 19-cv-08296-CRB 9 Plaintiff, ORDER GRANTING WRIT OF HABEAS 10 y. CORPUS 11 WILLIAM P. BARR, et al., 12 Defendants.

13 Lexis Hernandez Avilez petitions for a writ of habeas corpus on the grounds that she is M4 entitled to a bond hearing under 8 U.S.C. § 1226(a) or under the Fifth Amendment’s due process 5 clause. Pet. (dkt. 1) § 100. The petition is GRANTED under 8 U.S.C. § 1226(a). 16 17 ||. BACKGROUND

= 18 Avilez is a native and citizen of Mexico. Id J 9; Resp. Return ( dkt. 35) at 1. She was brought to the United States as an infant, became a legal permanent resident in 2000, and has lived

in this country ever since. Pet. § 2; Resp. Return at 1.

22 In 2005, Avilez was convicted of assault and sentenced to sixteen years in prison. Pet. 23 || § 20. After her release, Avilez was transferred directly to ICE custody at Yuba County Jail. Id. 24…

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