Rodriguez Diaz v. Barr

Good Law
United States District Court, Northern District of CaliforniaApril 27, 20204:20-cv-01806California5,526 words

Opinion

Trial Court Opinion

1 *NOT FOR PUBLICATION* 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 AROLDO ALBERTO RODRIGUEZ DIAZ, Case No. 4:20-cv-01806-YGR

Petitioner,

ORDER GRANTING IN PART AND DENYING

v. IN PART PETITION AND TEMPORARY

RESTRAINING ORDER

WILLIAM P. BARR, ET AL., Re: Dkt. Nos. 1, 1-1, Respondents.

12 Petitioner Aroldo Alberto Rodriguez Diaz filed this petition for writ of habeas corpus and temporary restraining order against respondents William P. Barr, Chad Wolf, David Jennings, and Wendell Anderson. (Dkt. Nos. 1, 1-1.) Rodriguez Diaz requests that the Court: (1) declare his detention without a custody hearing by respondents as unconstitutional and in violation of the Immigration and Nationality Act (“INA”); (2) order his immediate release from Immigration and Customs Enforcement (“ICE”); or, alternatively; (3) order respondents to provide immediately a custody hearing at which the government is required to justify continued detention by clear and convincing evidence that Rodriguez…

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