Ivan A. Garcia Hernandez v. Otay Mesa Detention Center and U.S. Immigration and Customs Enforcement
- Proceeding
- original
- Outcome
- other — § 1225(b)(2); and 3 (2) Respondents are ORDERED to File a Notice of Compliance within five days 4 of providing Petit
- Area
- civil
- Panel
- James E. Simmons (author)
Analysis
The court reviewed a habeas petition challenging the detention of an immigration detainee who was misclassified under 8 U.S.C. § 1225(b)(2) rather than 8 U.S.C. § 1226(a). The court granted the petition in part, ordering a bond hearing under the correct statutory provision within ten days and requiring a notice of compliance.
| What the court decided | The model |
|---|---|
Petition for Writ of Habeas Corpus granted in part“Accordingly, the Court GRANTS IN PART the petition as follows:” | agree with court The decision follows from the binding precedent cited in the order (Maldonado Bautista v. Santacruz), which establishes that the petitioner is detained under 8 U.S.C. § 1226(a). Because the respondents acknowledged this status, the court correctly ordered the procedural remedy required by that statute: a bond hearing. The court appropriately limited the grant to this specific relief and held the remaining merits in abeyance pending the outcome of the hearing. |
Order for bond determination hearing under 8 U.S.C. § 1226(a)“The Court ORDERS Respondents to provide Petitioner with a bond determination hearing under 8 U.S.C. § 1226(a) within ten days of this Order.” | agree with court Under 8 U.S.C. § 1226(a), an immigration judge must determine whether an alien should be released on bond. Since the court determined the petitioner falls under this statute rather than § 1225(b)(2) (which generally does not provide for bond hearings in the same manner), ordering the hearing is the legally required next step. |
Prohibition on denying bond based on 8 U.S.C. § 1225(b)(2)“At the hearing, Respondents may not deny Petitioner bond on the basis that he is detained under 8 U.S.C. § 1225(b)(2);” | agree with court This instruction is consistent with the court's finding that the petitioner is detained under § 1226(a). Allowing respondents to rely on the incorrect statutory basis would undermine the purpose of the habeas relief and the precedent cited. |
Order to file Notice of Compliance“Respondents are ORDERED to File a Notice of Compliance within five days of providing Petitioner with a bond redetermination hearing, including apprising the Court of the results of the hearing.” | agree with court This is a standard procedural mechanism to ensure the court retains jurisdiction and can verify that the ordered relief was actually provided. |
The order itself: sound — The order is concise but legally sound. It relies on a specific, recent district court decision (Maldonado Bautista) to establish the correct statutory classification of the detainee. By acknowledging the respondents' concession and applying the cited precedent, the court correctly identifies the procedural deficiency (lack of a § 1226(a) bond hearing) and orders the specific relief required by statute. The decision to hold the remaining merits in abeyance is prudent and standard practice to avoid mootness if the bond hearing resolves the detention issue.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 IVAN A. GARCIA HERNANDEZ, Case No.: 3:25-cv-3583-JES-AHG 12 Petitioner, ORDER FOR BOND HEARING 13 v. 14 OTAY MESA DETENTION CENTER and U.S. IMMIGRATION AND 15 CUSTOMS ENFORCEMENT, 16 Respondents. 17 18 Before the Court is Petitioner Ivan A. Garcia Hernandez’s Petition for Writ of 19 Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 1. Pursuant to the Court’s OSC 20 order, Respondents filed a response. ECF No. 4. In the response, Respondents 21 acknowledged that Petitioner must be considered detained under 8 U.S.C. § 1226(a), 22 pursuant to the final judgment entered in Maldonado Bautista v. Santacruz, No. 5:25-CV- 23 01873-SSS-BFM, --- F. Supp. 3d ---, 2025 WL 3289861 (C.D. Cal. Nov. 20, 2025). 24 Accordingly, the Court GRANTS IN PART the petition as follows: 25 (1) The Court ORDERS Respondents to provide Petitioner with a bond 26 determination hearing under 8 U.S.C. § 1226(a) within ten days of this Order. 27 28 1 At the hearing, Respondents may not deny Petitioner bond on the basis that 2 he is detained under 8 U.S.C. § 1225(b)(2); and 3 (2) Respondents are ORDERED to File a Notice of Compliance within five days 4 of providing Petitioner with a bond redetermination hearing, including 5 apprising the Court of the results of the hearing. 6 || Pending the status report, the Court will hold in abeyance the merits of the remainder of 7 || the relief Petitioner requests in his petition. 8 IT IS SO ORDERED. 9 || Dated: December 24, 2025 10 San— I] Honorable James E. Simmons Jr. 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28