Kaiser

Uc Encarnacion v. Kaiser

Good Law
United States District Court, Northern District of CaliforniaOctober 14, 20223:22-cv-04369California4,019 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 ERNESTO A. UC ENCARNACION, Case No. 22-cv-04369-CRB

Petitioner,

ORDER DENYING HABEAS

v.

PETITION

POLLY KAISER, et al., Respondents.

Petitioner Ernesto Uc Encarnacion asks the Court to prevent Respondents from re- detaining him based on a Board of Immigration Appeals (BIA) decision without first returning him to an immigration judge (IJ) for a bond hearing. See Pet. (dkt. 1). The Court’s view of this case has not changed since it denied Petitioner’s request for a preliminary injunction. See Transcript (dkt. 21); Show Cause Hearing (dkt. 17); Order Denying MPI (dkt. 18). Although Uc did an extraordinary job of turning his life around while out on bond, and his re-detention may be both disruptive to his recovery and hurtful to the people close to him, he is not entitled to a further bond hearing before an IJ. I. BACKGROUND1 Petitioner was transferred to U.S. Immigration and Customs Enforcement (ICE) custody in February 2020. Uc…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.