Becerra

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 CRUZ LEANDRO MARTINEZ LEIVA, Case No. 23-cv-02027-CRB

Plaintiff,

ORDER GRANTING PETITION FOR

v.

WRIT OF HABEAS CORPUS,

DENYING MOTION TO DISMISS

MOISES BECERRA, et al., Defendants.

Petitioner Cruz Leandro Martinez Leiva (“Martinez Leiva”), a 23-year-old artist, has been in immigration detention for 20 months pursuant to 8 U.S.C. § 1126(c), without ever having had an individualized determination of whether he poses a risk of flight or a danger. He brings this petition for habeas corpus, asking the Court to release him outright or order an evidentiary hearing at which the government must demonstrate that further detention is warranted. See Petition (dkt. 1); Traverse (dkt. 14). The government opposes the petition and seeks dismissal of the case. See MTD/Return (dkt. 13). Because the Court is persuaded that the government has violated Martinez Leiva’s constitutional right to procedural due process, it GRANTS the petition and DENIES the motion to…