Yojelsy David Colmenares Mendoza v. Field Office Director, U.S. Immigration and Customs Enforcement, San Diego; Warden, Otay Mesa Detention Center
- Proceeding
- original
- Outcome
- other — § 1225(b)(2); and 5 (2) Respondents are ORDERED to File a Notice of Compliance within five days 6 of providing Petition
- Area
- civil
- Panel
- James E. Simmons (author)
Analysis
The court reviewed a habeas petition challenging the petitioner's detention status and ordered the government to provide a bond hearing under 8 U.S.C. § 1226(a) within ten days. The court also ordered the government to file a supplemental brief addressing the petitioner's due process and release arguments.
| 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 court relied on the final judgment in Maldonado Bautista v. Santacruz, which established that the petitioner is detained under 8 U.S.C. § 1226(a). Because the government acknowledged this status, the court correctly ordered a bond hearing under that statute, as § 1226(a) detainees are entitled to a bond hearing, unlike those detained under § 1225(b)(2). |
Order for bond determination hearing“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 This order follows directly from the determination that the petitioner is subject to § 1226(a) detention, which carries a statutory right to a bond hearing. |
Order for 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 can verify that the ordered relief was actually provided. |
Order for supplemental brief“Accordingly, the Court ORDERS Respondents to file a supplemental brief, addressing any remaining arguments they wish to raise in response to the petition by January 16, 2025.” | agree with court The court noted that the government's initial response failed to address the petitioner's due process and release arguments. Ordering a supplemental brief is a proper procedural step to allow the government to respond to all claims before the court makes a final ruling on those specific issues. |
The order itself: sound — The order is procedurally sound. It correctly identifies the applicable statute based on the government's acknowledgment and a prior court judgment. It grants the appropriate relief (a bond hearing) and sets a clear procedural path for resolving the remaining, unaddressed claims (due process/release) by ordering a supplemental brief. There are no apparent legal errors or significant gaps in the reasoning provided for the actions taken.
How this analysis was made · dispute it
inconsistent with cited authorityOpinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 YOJELSY DAVID COLMENARES Case No.: 3:26-cv-11-JES-VET MENDOZA, 12 ORDER FOR BOND HEARING Petitioner, 13 v. 14 FIELD OFFICE DIRECTOR, U.S. 15 IMMIGRATION AND CUSTOMS 16 ENFORCEMENT, SAN DIEGO; and WARDEN, OTAY MESA DETENTION 17 CENTER, 18 Respondents. 19 20 Before the Court is Petitioner Yojelsy David Colmenares Mendoza’s (“Petitioner”) 21 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 1. Pursuant to 22 the Court’s OSC order, Respondents filed a response. ECF No. 4. In the response, 23 Respondents acknowledged that Petitioner must be considered detained under 8 U.S.C. § 24 1226(a), pursuant to the final judgment entered in Maldonado Bautista v. Santacruz, No. 25 5:25-CV-01873-SSS-BFM, --- F. Supp. 3d ---, 2025 WL 3289861 (C.D. Cal. Nov. 20, 26 2025). Accordingly, the Court GRANTS IN PART the petition as follows: 27 // 28 1 (1) The Court ORDERS Respondents to provide Petitioner with a bond 2 determination hearing under 8 U.S.C. § 1226(a) within ten days of this Order. 3 At the hearing, Respondents may not deny Petitioner bond on the basis that 4 he is detained under 8 U.S.C. § 1225(b)(2); and 5 (2) Respondents are ORDERED to File a Notice of Compliance within five days 6 of providing Petitioner with a bond redetermination hearing, including 7 apprising the Court of the results of the hearing. 8 ||In addition, Petitioner raises a due process violation and as an alternative to bond, also 9 requests release from custody. ECF No. | at 3-4. Respondents’ return does not address any 10 ||issues other than Maldonado Bautista’s application to the case. See ECF No. 4. 11 || Accordingly, the Court ORDERS Respondents to file a supplemental brief, addressing any 12 ||remaining arguments they wish to raise in response to the petition by January 16, 2025. 13 IT IS SO ORDERED. 14 || Dated: January 12, 2026 15 “| or 16 Honorable James E. Sunmons Jr. 7 United States District Judge 18 19 20 21 22 23 24 25 26 27 28