{"id":62401,"date":"2025-11-29T11:49:24","date_gmt":"2025-11-29T16:49:24","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62401"},"modified":"2025-11-29T11:49:50","modified_gmt":"2025-11-29T16:49:50","slug":"s-d-cal-ice-detention-of-asylum-claimant-was-without-pc-and-due-process-and-unrebutted","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=62401","title":{"rendered":"S.D.Cal.: ICE detention of asylum claimant was without PC and due process and it&#8217;s unrebutted"},"content":{"rendered":"\n<p>Petitioner is an Iranian national here under a claim of asylum. He was arrested and detained by ICE agents on the street. His Fourth Amendment and due process claims over his detention are unrebutted by the government and taken as admitted. Soleimani v. Larose, 2025 U.S. Dist. LEXIS 230910 (S.D. Cal. Nov. 24, 2025).*<\/p>\n\n\n\n<p>Defendant\u2019s rental car was lawfully stopped but nobody had a DL. It was reasonable to tow the vehicle since it was night and unlikely to raise anyone at the car rental company. Silmon v. State, 2025 Tex. App. LEXIS 9061 (Tex. App. \u2013 Houston (14th Dist.) Nov. 25, 2025).*<\/p>\n\n\n\n<p>Defendant previously litigated his search claim in his case and appeal and can\u2019t relitigate it on habeas. Romer v. United States, 2025 U.S. Dist. LEXIS 231671 (S.D. W. Va. Oct. 14, 2025).*<\/p>\n\n\n\n<p>Probable cause was shown for this DNA warrant. They don\u2019t go stale, either. United States v. Anderson, 2025 U.S. Dist. LEXIS 231465 (N.D. Ind. Nov. 24, 2025).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Petitioner is an Iranian national here under a claim of asylum. He was arrested and detained by ICE agents on the street. His Fourth Amendment and due process claims over his detention are unrebutted by the government and taken as &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=62401\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[57,107,39,126],"tags":[],"class_list":["post-62401","post","type-post","status-publish","format-standard","hentry","category-dna","category-immigration-arrests","category-inventory","category-issue-preclusion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62401","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=62401"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62401\/revisions"}],"predecessor-version":[{"id":62403,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62401\/revisions\/62403"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62401"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62401"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62401"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}