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Keywords

plaintiffjurisdictionprecedentmotiondue processjudicial reviewliensmotion to dismiss
plaintiffjurisdictionprecedentdue processjudicial reviewliens

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Reyna as Next Friend of J.F.G. v. Hott

Facts

Macario Diaz Morales and Humberto Ramos Raygoza, both aliens, were arrested and detained in Farmville, Virginia, by ICE under 8 U.S.C. 1226(a) pending removal for being in the U.S. without inspection. They, along with their children, challenged their transfer from the Virginia facility to a Texas facility, claiming it violated their substantive due process right to family unity and procedural due process rights. The government filed a motion to dismiss, arguing lack of jurisdiction and that no substantive right to family unity exists.

Macario Diaz Morales and Humberto Ramos Raygoza, who are both aliens, were arrested and detained in Farmville, Virginia, by Immigration and Customs Enforcement ('ICE') under 8 U.S.C. 1226(a) , pending removal for being in the United States without inspection or admission. They, along with their children, commenced this action against officials of ICE and the Department of Homeland Security, challenging their transfer or anticipated transfer from ICE's detention facility in Farmville, Virginia, to its facility in Livingston, Texas, or another facility out of State.

Issue

Did the district court have jurisdiction to review the transfer decisions made by ICE, and did the plaintiffs have a substantive due process right to family unity that was violated by their transfer?

Did the district court have jurisdiction to review the transfer decisions made by ICE, and did the plaintiffs have a substantive due process right to family unity that was violated by their transfer?

Rule

8 U.S.C.S. 1252(a)(2)(B)(ii) does not strip courts of jurisdiction to review transfer decisions, and a substantive due process right to family unity in the context of immigration detention has not been recognized.

8 U.S.C.S. 1252(a)(2)(B)(ii) does not strip courts of jurisdiction to review transfer decisions, and a substantive due process right to family unity in the context of immigration detention has not been recognized.

Analysis

The court found that the language of 1252(a)(2)(B)(ii) does not explicitly grant discretion regarding transfers, thus allowing for judicial review. It also noted that the plaintiffs failed to establish a substantive due process right to family unity, as no precedent recognized such a right limiting detainee transfers. The court concluded that the government's actions did not shock the conscience and were reasonable.

The court found that the language of 1252(a)(2)(B)(ii) does not explicitly grant discretion regarding transfers, thus allowing for judicial review. It also noted that the plaintiffs failed to establish a substantive due process right to family unity, as no precedent recognized such a right limiting detainee transfers. The court concluded that the government's actions did not shock the conscience and were reasonable.

Conclusion

The court affirmed the district court's judgment, concluding that the plaintiffs did not sufficiently allege a violation of a substantive due process right and thus were not denied procedural due process.

The court affirmed the district court's judgment, concluding that the plaintiffs did not sufficiently allege a violation of a substantive due process right and thus were not denied procedural due process.

Who won?

The government prevailed in the case because the court found that the plaintiffs did not have a substantive due process right to family unity that was violated by their transfer.

The government prevailed in the case because the court found that the plaintiffs did not have a substantive due process right to family unity that was violated by their transfer.

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