Rajnish

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RAJNISH RAJNISH, Case No. 3:20-cv-07819-WHO

Plaintiff,

ORDER GRANTING WRIT OF

v. HABEAS CORPUS

DAVID W. JENNINGS, et al., Re: Dkt. No. 10 Defendants.

12 INTRODUCTION In the United States, the government cannot generally hold people for prolonged, incarceration-like detention merely because they are the subject of a civil or criminal proceeding. Instead, the government is usually required to prove that, if someone were released from detention, he or she would be a flight risk or a danger to themselves or others. And its burden is high--clear and convincing evidence, not just a preponderance. Those rules are rooted in core constitutional principles. Yet for immigration proceedings, the executive branch has written a different set of rules. Under those rules, the burden is placed on the noncitizen to prove that he is not a flight risk or danger to the community. That was the burden placed on…