Doe
Doe v. Garland
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN DOE, Case No. 3:22-cv-03759-JD
Plaintiff,
ORDER RE PETITION FOR HABEAS
v. CORPUS
MERRICK GARLAND, et al., Defendants.
12 Habeas petitioner John Doe has been detained at the Golden State Annex detention facility in McFarland, California, since July 12, 2021, pending removal proceedings. Dkt. No. 1 ¶ 10; Dkt. No. 15-1 ¶ 10 (Garibay declaration). Doe seeks an individualized bond hearing before an immigration judge, which he has not been afforded during his detention. He alleges that his detention without a hearing violates his right to due process under the Fifth Amendment to the United States Constitution. Dkt. No. 1. The federal respondents filed a return to Doe’s petition on behalf of the Attorney General, Secretary of Homeland Security, and Acting Field Director of the San Francisco Immigration and Customs Enforcement (ICE) Field Office. Dkt. No. 15. Doe filed a traverse. Dkt. No. 18. Neither side has requested a…