Jennings

Ortiz Vargas v. Jennings

Good Law
United States District Court, Northern District of CaliforniaSeptember 14, 20204:20-cv-05785California1,584 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

SIMON ORTIZ VARGAS, Case No. 20-cv-5785-PJH Petitioner,

v. ORDER ISSUING PRELIMINARY

INJUNCTION

DAVID JENNINGS, et al.,

Respondents.

13 On August 23, 2020, the court entered an order granting in part petitioner’s motion for a temporary restraining order to enjoin respondents from re-detaining petitioner unless and until he is afforded a pre-deprivation administrative hearing on the question of whether his re-detention would ultimately be lawful. Dkt. 15. The court denied the TRO motion in part with respect to petitioner’s request that re-arrest or re-detention would require a pre-deprivation judicial hearing. The court further ordered respondents to show cause why a preliminary injunction should not issue enjoining respondents from re- detaining petitioner without a pre-deprivation administrative hearing. Having reviewed the OSC response (“Resp.”) and petitioner’s reply (“Reply”), the court determines that the matter is…

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