Echeverria

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JUAN FREDY MONTOYA Case No. 20-cv-02917-JSC

ECHEVERRIA,

8 Plaintiff, ORDER RE: PETITIONER’S MOTION 9 FOR A TEMPORARY RESTRAINING v. ORDER 10 WILLIAM BARR, et al., Re: Dkt. No. 10 11 Defendants.

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13 Petitioner Juan Fredy Montoya Echeverria is a citizen and national of El Salvador who has 14 resided in the United States since 2011. Petitioner voluntarily surrendered himself to Immigration 15 and Customs Enforcement (“ICE”) in August 2019 and he has been detained at the Yuba County 16 Jail in Marysville, California ever since pursuant to 8 U.S.C. § 1226(a). On April 29, 2020, 17 Petitioner filed a writ of habeas corpus alleging that his detention violated his Fifth Amendment 18 due process rights.1 (Dkt. No. 4.) Shortly thereafter, Petitioner filed the underling motion for a 19 temporary restraining order seeking his immediate release from detention or a new custody 20 hearing before an Immigration Judge. (Dkt. No. 10.) After careful consideration of the…