Jaime Gabriel Morales Reyes v. Pam Bondi, Attorney General of the United States, et al.
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The court considered a petition for a writ of habeas corpus ad prosequendum filed by a petitioner alleging he had not been presented for an initial appearance in violation of Federal Rule of Criminal Procedure 5. The court denied the petition without prejudice, noting that the petitioner could renew the petition if not arraigned by a specific date.
| What the court decided | The model |
|---|---|
Denial of Petition and Application for Writ of Habeas Corpus Ad Prosequendum without prejudice“Accordingly, the Court DENIES WITHOUT PREJUDICE the Petition Application. (ECF Nos. 1-2.)” | agree with court The court's decision to deny the petition without prejudice is procedurally sound given the extremely short timeframe (one day) between the alleged arrest and the filing of the petition. While the court cites *Pimental* to suggest the delay is not unreasonable, the primary basis for the denial appears to be the lack of demonstrated entitlement to relief at this early stage, coupled with the offer to renew the petition if the arraignment does not occur. This is a common practice for habeas petitions filed immediately after arrest before the full facts of the detention are established or the statutory time for presentment has clearly expired in a way that warrants immediate judicial intervention over the government's logistical processes. |
The order itself: sound with gaps — The order is brief and relies on a single case to support the conclusion that the petitioner is not entitled to relief. It does not explicitly state the standard of review for a habeas corpus ad prosequendum petition. The citation to *Pimental* is somewhat tangential because *Pimental* found a delay *unreasonable*, whereas the court here is denying relief, implying the current delay (one day) is *reasonable*. While the logic holds (1 day < 4 days), the order could have been clearer in explaining why the current delay does not meet the threshold for immediate relief, perhaps by referencing the general allowance for administrative processing time or the specific facts of the holiday/weekend if applicable. However, the decision to deny without prejudice and allow renewal is a defensible procedural mechanism.
How this analysis was made · dispute it
possible bias possible biasOpinion
1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 JAIME GABRIEL MORALES REYES, Case No. 26-cv-00528-BAS 14 Petitioner, ORDER DENYING PETITION 15 v. WITHOUT PREJUDICE 16 PAM BONDI, Attorney General of the United States, et al., 17 Respondents. 18 19 20 Presently before the Court are a Petition and Application for Writ of Habeas Corpus 21 Ad Prosequendum filed on January 27, 2026. (ECF Nos. 1–2.) The Petition alleges 22 Petitioner was arrested on January 27, 2026, and has not been presented for an initial 23 appearance in violation of Federal Rule of Criminal Procedure 5. Petitioner seeks a writ 24 of habeas corpus ad prosequendum directing Respondents to immediately present 25 Petitioner to a magistrate judge for arraignment. 26 Upon review, the Petition and Application do not demonstrate that Petitioner is 27 entitled to relief. Cf. United States v. Pimental, 755 F.3d 1095, 1103–04 (9th Cir. 2014) 28 (finding a four-day delay in presentment over a holiday weekend was unreasonable and 1 ||unnecessary). Accordingly, the Court DENIES WITHOUT PREJUDICE the Petition 2 Application. (ECF Nos. 1-2.) In the event that Petitioner is not arraigned by January 3 2026, Petitioner may renew the Petition and Application. Further, the Clerk of Court 4 || shall serve this Order on the U.S. Attorney’s Office and close the case. 5 IT IS SO ORDERED. 6 ~ 7 || DATED: January 28, 2026 (yatta Bahar □□ Hon. Cynthia Bashant, Chief Judge 8 United States District Court 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Cites, in this corpus
- United States v. Luis Torres Pimental 12-50038 · 2014-06-24