Echeverria
Echeverria v. Barr
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JUAN FREDY MONTOYA Case No. 20-cv-02917-JSC
ECHEVERRIA,
8 Plaintiff, ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS v. Re: Dkt. No. 5 WILLIAM BARR, et al., 11 Defendants.
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 due process rights.1 (Dkt. No. 4.) Shortly thereafter, he filed a motion for a temporary restraining 19 order which the Court denied because Petitioner had failed to demonstrate a likelihood of success 20 on the merits of his legal claims. (Dkt. No. 34.) The habeas petition is now fully briefed. After…