Sanchez Lagunas v. Jennings (Petition for Habeas Corpus)

On July 23, 2021, ACLU NorCal filed a habeas petition on behalf of our client, Leonel Sanchez Lagunas. Mr. Sanchez raised two claims in his habeas petition: (1) His current detention without a bond hearing violates his statutory right to a bond hearing under Immigration and Nationality Act (“INA”), and (2) His current detention without a bond hearing violates his right to procedural due process under the Fifth Amendment.   

On September 7, 2021, the court granted Mr. Sanchez’s habeas petition and ordered the government to provide him with a bond hearing within 14 days where the government bears the burden of proof by clear and convincing evidence. In that bond hearing — where Mr. Sanchez was represented by his immigration attorney — the immigration judge granted bond after finding that U.S. Immigration and Customs Enforcement (ICE) had not met its burden to prove danger or flight risk by clear and convincing evidence. Mr. Sanchez was subsequently released from detention.

The government appealed the decision to the Ninth Circuit, and the Ninth Circuit, in turn, remanded to district court. The case remains pending in the district court. Unfortunately, despite the fact that Mr. Sanchez Lagunas was complying with all conditions of his bond and has a pending motion to reopen his case, in June 2025 he was re-detained by ICE at a check-in. His legal team continues to advocate for his release.