Loani Rodriguez-Gutierrez v. Kristi Noem, et al.
- Proceeding
- original
- Outcome
- other — 28 Accordingly, the Court issues the following writ: 1 The Court ORDERS Respondents to immediately release Petitioner Loani 7 Rodriguez-Gutierrez, A073-230-020, from custody under the same conditions of release that existed before his re-
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The court reviewed a petition for a writ of habeas corpus and a motion for injunctive relief filed by an immigration detainee. The court granted both, ordering the immediate release of the petitioner and prohibiting his removal to any country other than Cuba without notice and a hearing.
| What the court decided | The model |
|---|---|
Granting Petition for Writ of Habeas Corpus“the Court GRANTS the Petition and the Motion for Injunctive Relief.” | agree with court The court applied the standard from Zadvydas v. Davis, finding that continued detention is unlawful when there is no reasonable likelihood of removal in the reasonably foreseeable future. The order recites that the court held a hearing and found the detention violated this standard. This is a correct application of the controlling Supreme Court precedent for § 2241 habeas petitions in immigration detention cases. |
Granting Motion for Injunctive Relief“the Court GRANTS the Petition and the Motion for Injunctive Relief.” | agree with court The court granted permanent injunctive relief prohibiting removal to any country other than Cuba without notice and a hearing, and prohibiting re-detention absent a change in circumstances creating a reasonable likelihood of removal. This relief is consistent with the findings of violation of Zadvydas and 8 C.F.R. § 241.13. |
Ordering Immediate Release“The Court ORDERS Respondents to immediately release Petitioner Loani Rodriguez-Gutierrez, A073-230-020, from custody under the same conditions of release that existed before his re-detention.” | agree with court The release order is the direct remedy for the finding that the detention was unlawful under Zadvydas. The condition of release (same as before re-detention) is a standard and appropriate condition in this context. |
The order itself: sound with gaps — The order is a short, procedural-style disposition that relies on the findings made at a hearing ('For the reasons expressed at the hearing'). It cites the correct controlling authority (Zadvydas) and the relevant regulation. However, it does not recite the specific facts or the reasoning from the hearing that led to the conclusion that there was no reasonable likelihood of removal. While the result is defensible and the law is correctly cited, the order itself does not provide the substantive analysis, making it a 'sound with gaps' opinion in terms of its written record.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 LOANI RODRIGUEZ-GUTIERREZ, Case No. 25-cv-02726-BAS-SBC 12 Petitioner, ORDER: 13 v. (1) GRANTING PETITION FOR 14 KRISTI NOEM, et al., WRIT OF HABEAS CORPUS 15 Respondents. (ECF No. 1); AND 16 (2) GRANTING MOTION FOR 17 INJUNCTIVE RELIEF (ECF No. 4) 18 20 Petitioner Loani Rodriguez-Gutierrez filed a Petition for Writ of Habeas Corpus 21 pursuant to 28 U.S.C. § 2241, as well as a Motion for Injunctive Relief. (ECF Nos. 1, 4.) 22 After the Petition was fully briefed, the Court held a hearing on the Petition. 23 For the reasons expressed at the hearing, the Court GRANTS the Petition and the 24 Motion for Injunctive Relief. Specifically, the Court finds Petitioner’s detention violates 25 Zadvydas v. Davis, 533 U.S. 678 (2001), because there is no reasonable likelihood of 26 removal in the reasonably foreseeable future. The Court also finds that Petitioner’s 27 detention violated the regulatory requirements for re-detention. See 8 C.F.R. § 241.13. 28 Accordingly, the Court issues the following writ: 1 The Court ORDERS Respondents to immediately release Petitioner Loani 7 Rodriguez-Gutierrez, A073-230-020, from custody under the same conditions of release that existed before his re-detention. 3 4 || The Court also finds it appropriate to grant permanent injunctive relief as follows: 5 Respondents are PROHIBITED from removing Petitioner Loani Rodriguez- 6 Gutierrez, A073-230-020, to any country other than Cuba without providing Petitioner with notice and an opportunity to be heard. 7 Respondents are PROHIBITED from re-detaining Petitioner Loani Rodriguez-Gutierrez, A0Q73-230-020, unless there has been a change in 9 circumstances that creates a reasonable likelihood of his removal in the 10 reasonably foreseeable future. 11 The Clerk of Court shall close the case. 12 IT IS SO ORDERED. 13 14 || DATED: November 7, 2025 15 Hon. Cynthia Bashant, Chief Judge United States District Court 16 17 18 19 20 21 22 23 24 25 26 27 28 ~_9_