Alejandro Garcia Perez v. U.S. Immigration and Customs Enforcement, et al.
- Proceeding
- original
- Outcome
- other — 28 § 1226(a).” (Id.) I In light of
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The court reviewed a pro se petition for a writ of habeas corpus filed by an ICE detainee seeking release on bond. The court granted the petition and ordered the government to provide the petitioner with a bond hearing before an Immigration Judge within 14 days.
| What the court decided | The model |
|---|---|
Granting the Petition for Writ of Habeas Corpus and ordering a bond hearing“In light of the Government’s Response, the Court GRANTS the Petition and issues the following writ: The Court ORDERS Respondents to provide Alejandro Garcia Perez (A# 240-965-871) a bond hearing before an Immigration Judge, held pursuant to 8 U.S.C. § 1226(a), within 14 days of today’s date.” | agree with court The court’s decision is consistent with the statutory framework for detention under 8 U.S.C. § 1226(a), which mandates a bond hearing for non-citizens detained pending removal proceedings. The government’s non-opposition and acknowledgment that the petitioner is detained under § 1226(a) effectively concedes the legal basis for the relief requested. The order correctly directs the specific administrative remedy (a bond hearing before an Immigration Judge) required by statute. |
The order itself: sound — The order is procedurally sound and legally correct. It relies on the government's concession regarding the statutory basis for detention (§ 1226(a)) and the petitioner's request for a bond hearing. The remedy ordered (a bond hearing before an Immigration Judge) is the standard and appropriate relief for a § 1226(a) detainee. The order is concise but sufficient for this type of routine habeas petition where the government does not oppose the specific relief requested.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ALEJANDRO GARCIA PEREZ, Case No. 25-cv-03584-BAS-JLB 12 Petitioner, ORDER GRANTING PETITION 13 v. FOR WRIT OF HABEAS CORPUS (ECF No. 1) 14 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., 15 Respondents. 16 17 18 Petitioner, acting pro per, files a Petition for Writ of Habeas Corpus pursuant to 28 19 U.S.C. § 2241, stating that he was detained by Immigration and Customs Enforcement 20 (“ICE”) on October 27, 2025. (ECF No. 1.) He requests release on bond or his own 21 recognizance. (Id.) He provides little information about his circumstances. However, the 22 Government has filed what amounts to a non-opposition, noting that the Central District of 23 California has ruled that Petitioner is detained pursuant to 8 U.S.C. § 1226(a). (ECF No. 24 4) (citing Maldonado Bautista v. Santacruz, No. 5:25-cv-01873-SSS-BFM, 2025 WL 25 3288403 (C.D. Cal. Nov. 25, 2025), as amended and superseded by __ F. Supp. 3d __, 26 2025 WL 3713987 (C.D. Cal. Dec. 18, 2025)).) Hence the Government indicates Petitioner 27 “is entitled to an order from this court directing a bond hearing be held pursuant to 8 U.S.C. 28 § 1226(a).” (Id.) I In light of the Government’s Response, the Court GRANTS the Petition and issues 2 || the following writ: 3 The Court ORDERS Respondents to provide Alejandro Garcia Perez 4 (A# 240-965-871) a bond hearing before an Immigration Judge, held pursuant 5 to 8 U.S.C. § 1226(a), within 14 days of today’s date.
6 || The Clerk of the Court shall close the case. 7 IT IS SO ORDERED. 8 9 || DATED: December 30, 2025 yatta Bahar 10 Hon. Cynthia Bashant, Chief Judge United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28