Doe v. Garland (Prolonged ICE Detention)
Status: Open
Description
The Lawyers’ Committee for Civil Rights of the San Francisco Bay Area (LCCRSF) is fighting to uphold constitutional due process rights for individuals subjected to prolonged immigration detention without meaningful judicial review.
LCCRSF filed a habeas petition on behalf of a client who had been imprisoned by Immigration and Customs Enforcement (ICE) for over 11 months—without ever receiving a hearing before a judge to determine whether his extended detention was justified. Despite clear legal precedent allowing such challenges in the Northern District of California, ICE sought to block the petition, arguing that only the Eastern District (where the client was detained) had jurisdiction.
The district court rejected ICE’s argument and granted the petition, affirming the right to challenge unjust detention. However, ICE appealed, and a divided Ninth Circuit panel ruled against LCCRSF’s client. LCCRSF is now seeking en banc review before the full Ninth Circuit.
Important Documents
Petition for Habeas Corpus