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Ordered free, still locked up: judges fume as Trump administration holds ICE detainees
~law~newsusa.caiceimmigration
www.aol.com 4 weeks ago

Summary

Until last year, most would have fought deportation on bond after a brief hearing with an immigration judge. Now, their only hope of release is to file a petition for writ of habeas corpus — a legal maneuver once typically reserved for death row inmates and suspected terrorists — inundating the country's busiest federal courts with thousands of emergency suits.

[...]

The sanction came days after Nunley took the unusual step of announcing a "judicial emergency" in the district, which covers nearly half of California, stretching from the Oregon border to the Mojave Desert in the inland part of the state, including Fresno, Bakersfield and Sacramento.

In the last year, the Eastern District has received more petitions from immigration detainees than almost any other jurisdiction in the United States: more than 2,700 since January, compared to fewer than 500 last year and just 18 in 2024. Similar crises are playing out elsewhere, with federal courts in Minnesota briefly paralyzed amid the Trump administration's enforcement blitz there last winter.

[...]

So far this year, the Eastern District's six active judges have ordered almost 2,000 people freed.

"The majority of the cases that we see are cases where people should not be detained," Nunley said. "They should be receiving hearings to determine whether or not they are to remain in this country, and until they receive those hearings, they should be free."

[...]

Today, data compiled by ProPublica and legal activist groups including the Immigration Justice Transparency Initiative show almost a quarter of the roughly 30,000 active habeas petitions in the United States are in California courts. Nunley's own tabulations show half the California cases are in his district, where a perfect storm of stepped-up enforcement, a large population of immigrant workers and a concentration of detention centers produced a flash flood of habeas petitions.