Noncitizen detained without pre-deprivation bond hearing wins immediate release
May 18, 2026 · McFarland, CA
Jose Gregorio Llarve-Guzman was detained on May 18, 2026, at Central Valley Annex Detention Facility after having been previously released on bond or conditional parole. The U.S. District Court for the Eastern District of California found that the Due Process Clause requires the government to provide a pre-deprivation bond hearing before a neutral arbiter before re-detaining a noncitizen who was previously released. The government failed to provide such a hearing before detaining Llarve-Guzman. The court granted his petition for a writ of habeas corpus and motion for temporary restraining order, finding his case indistinguishable from prior decisions establishing this constitutional requirement. The court ordered his immediate release with the same conditions he was subject to prior to his May 18, 2026 detention, and prohibited the government from imposing additional restrictions unless determined necessary at a future pre-deprivation hearing. If the government seeks to re-detain him, it must provide at least seven days' notice and hold a constitutionally compliant pre-deprivation bond hearing.
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