Judge Wesley L. Hsu entered the judgment on April 16, 2026, pursuant to an order accepting the findings, conclusions, and recommendations of a United States Magistrate Judge.
The court mandated that respondents must not re-detain Peng without providing at least seven days’ notice and a pre-deprivation bond hearing before an Immigration Judge.
During that hearing, the government bears the burden of proof to show by clear and convincing evidence that Peng is a flight risk or a danger to the community.
The court specified that no condition or combination of conditions could reasonably assure Peng’s future appearance and the safety of the community.
The Immigration Judge must conduct an individualized assessment of Peng’s suitability for bond in light of this standard.
Respondents were ordered to file a notice of compliance within twenty-four hours of the judgment.