Kaiser
Uc Encarnacion v. Kaiser
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…