Filed Date: June 14, 2025
Case Ongoing
Clearinghouse coding complete
Ricardo Aguilar Garcia, a Mexican national, was granted Deferred Action for Childhood Arrivals (DACA) in 2013. In 2018, he was detained following a DUI conviction, which triggered the initiation of immigration proceedings against him. This case challenges his re-detention by U.S. Immigration and Customs Enforcement (ICE) without due process.
On June 14, 2025, Garcia filed this lawsuit in the U.S. District Court for the Northern District of California against the Acting Field Office Director of ICE in San Francisco, the U.S. Department of Homeland Security, and other federal officials. The petitioner alleged violations of 28 U.S.C. § 2241 and the Due Process Clause. Represented by pro bono attorneys from the Office of the Alameda County Public Defender, the petitioner sought a writ of habeas corpus and filed an ex parte motion for a temporary restraining order to prevent ICE from re-detaining him at an upcoming check-in. The case was initially assigned to Judge Beth Labson Freeman, but was reassigned to Judge Jaqueline Scott Corley.
Petitioner alleged that ICE planned to detain him at a scheduled check-in without providing advance notice or an opportunity for a bond hearing. He argued that such detention would violate constitutional due process protections and cited Supreme Court precedent requiring a neutral, individualized determination before depriving a person of liberty. He also claimed that detention without procedural safeguards would cause irreparable harm, including the unjustified loss of freedom and disruption to his family and community ties.
The court granted the TRO the same day the petition was filed. 2025 WL 1676855. The order barred ICE and the Department of Homeland Security from re-detaining him at the check-in, preserved his liberty during the litigation, and required the government to show cause why a preliminary injunction should not be issued. The court found that immediate relief was necessary to prevent irreparable harm and to ensure that the petitioner was not taken into custody without judicial review.
The respondents and defendants have been ordered to appear at a hearing on June 23, 2025, to provide a reason why a preliminary injunction should not be issued.
This case is ongoing.
Summary Authors
Victoria Tan (8/11/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70539554/parties/aguilar-garcia-v-kaiser/
Jorjani, Raha (California)
See docket on RECAP: https://www.courtlistener.com/docket/70539554/aguilar-garcia-v-kaiser/
Last updated Aug. 15, 2025, 6:31 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: California
Case Type(s):
Special Collection(s):
Trump 1.0 & 2.0 Immigration Enforcement Order Challenges
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: June 14, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
A Mexican national who was previously relesed from ICE custody
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
U.S. Immigration and Customs Enforcement (- United States (national) -), Federal
U.S. Department of Homeland Security (- United States (national) -), Federal
Case Details
Causes of Action:
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Constitutional Clause(s):
Due Process: Procedural Due Process
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Preliminary injunction / Temp. restraining order
Source of Relief:
Content of Injunction:
Release from detention/imprisonment
Order Duration: 2025 - None
Issues
General/Misc.:
Access to lawyers or judicial system
Immigration/Border: