John Emmanuel Victorio Carvajal v. Kristi Noem, et al.
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The court reviewed an Amended Habeas Petition filed by a non-citizen detained by ICE following a prior removal order. The court granted the petition, ordering a bond hearing within 14 days and requiring the government to provide notice and an opportunity to be heard before any removal to a third country.
| What the court decided | The model |
|---|---|
Granting the Amended Petition for a writ of habeas corpus and ordering a bond hearing.“The Court GRANTS the Amended Petition and orders that Petitioner be granted a bond hearing as indicated below.” | agree with court The court correctly identified that the petitioner is in post-removal-order detention under 8 U.S.C. § 1231(a)(2)(A), not pre-removal detention under § 1226(a) as the government suggested. The court noted the petitioner has been detained for more than 90 days, which is the statutory period after which release on conditions may be considered. Given the government's lack of opposition to a bond hearing and the statutory framework, granting the hearing is a defensible exercise of habeas jurisdiction to secure release from potentially illegal custody. |
Ordering the Government to provide notice and an opportunity to be heard before removing the petitioner to a third country.“In addition, the Court ORDERS the Government to provide Petitioner with notice and an opportunity to be heard before removing him to a third country.” | agree with court The order states this is done 'for all the reasons stated in the Petition.' While the specific legal basis (likely due process or statutory requirements for third-country removal) is not detailed in the order's analysis section, the relief is consistent with fundamental due process protections for individuals facing removal. The government was silent on this specific request, and the court granted it based on the petitioner's arguments. |
The order itself: sound — The order correctly distinguishes between pre-removal and post-removal detention statutes, correcting the government's mischaracterization of the applicable law. It relies on standard habeas corpus authorities to establish jurisdiction and standing. The decision to grant a bond hearing is supported by the statutory timeline (over 90 days post-removal) and the government's non-opposition. The order is concise but legally sound in its application of the relevant statutes and precedents.
Opinion
1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 JOHN EMMANUEL VICTORIO Case No. 26-cv-01281-BAS-MMP CARVAJAL, 13 ORDER GRANTING AMENDED Petitioner, 14 PETITION FOR WRIT OF HABEAS v. CORPUS (ECF No. 5) 15 KRISTI NOEM, et al., 16 Respondents. 17 18 19 20 Petitioner John Emmanuel Victorio Carvajal filed an Amended Habeas Petition 21 pursuant to 28 U.S.C. § 2241: (1) claiming Immigration and Customs Enforcement (“ICE”) 22 violated its own regulations when it re-detained him, (2) requesting release under 23 supervision, and (3) requesting notice and an opportunity to be heard before removal to a 24 third country. (ECF No. 5.) 25 The Government filed a response that “prior orders from this District” have directed 26 “bond hearings pursuant to 8 U.S.C. § 1226(a),” and thus the Government does not oppose 27 a bond hearing. (ECF No. 7.) The Government is silent on Petitioner’s request for notice 28 and an opportunity to be heard before removal to a third country. Thus, the Court 1 GRANTS the Amended Petition and orders that Petitioner be granted a bond hearing as 2 indicated below. 3 I. LEGAL STANDARD 4 A writ of habeas corpus is “available to every individual detained within the United 5 States.” Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004). “The traditional function of the 6 writ is to secure release from illegal custody.” Preiser v. Rodriguez, 411 U.S. 475, 484 7 (1973). A court may grant a writ of habeas corpus to a petitioner who demonstrates he or 8 she is in custody in violation of the Constitution or federal law. 28 U.S.C. § 2241(c)(3). It 9 applies to non-citizens detained within the United States. Zadvydas v. Davis, 533 U.S. 678, 10 687 (2001). Since Petitioner is in custody and since he is seeking release from custody, he 11 has standing to pursue this Petition. 12 II. ANALYSIS 13 Petitioner came to the United States from the Philippines in 1993 when he was 14 14 years old. (ECF No. 5.) His father, a United States citizen, had obtained him a green card. 15 (Id.) In 2018, Petitioner was convicted of a state felony and served two years in state 16 custody. On December 17, 2020, Petitioner was ordered removed to the Philippines but 17 granted a deferral of removal. (Id.) Because the Department of Homeland Security 18 (“DHS”) was unable to remove him to the Philippines, Petitioner was released on 19 supervision. (Id.) 20 In October 2025, Petitioner was again arrested on state charges. (Id.) He was turned 21 over to ICE custody on November 4, 2025. (Id.) Two days later, on November 6, 2025, 22 ICE served Petitioner a Notice that his release was being revoked because he had violated 23 the conditions of his previous release; that is, he had received numerous criminal violations. 24 (Id.) The Notice further said that Petitioner would receive an informal interview, but he 25 has never been afforded one. (Id.) 26 The Government seems to be under the impression that Petitioner is entitled to a 27 bond hearing under 8 U.S.C. § 1226(a). (ECF No. 7.) However, Petitioner’s case is post- 28 removal-order, so he is subject to detention under § 1231(a)(2)(A), which requires the 1 || Attorney General to detain an individual subject to a removal order for 90 days. □□□ Once 2 ||90 days have elapsed, the alien may be released on conditions. Id. 3 Since the Government does not appear to oppose the request for a bond hearing and 4 ||since Petitioner has been in custody post-removal longer than 90 days, the Court finds it 5 || appropriate to refer Petitioner for a bond hearing. In addition, for all the reasons stated in 6 || the Petition, the Court ORDERS the Government to provide notice to Petitioner and an 7 || opportunity to be heard before he is removed to a third country. 8 CONCLUSION 9 Accordingly, the Court issues the following writ: 10 The Court ORDERS that John Emmanuel Victorio Carvajal (A# 044-070- 857) be granted a bond hearing before an Immigration Judge within 14 days of today’s date. In addition, the Court ORDERS the Government to provide 12 Petitioner with notice and an opportunity to be heard before removing him to B a third country. 14 The Clerk of the Court shall close the case. 15 IT IS SO ORDERED. 16 || DATED: March 17, 2026 17 (yi. (Dwhart 18 Hon. Cynthia Bashant, Chief Judge 19 United States District Court 20 21 22 23 24 25 26 27 28 □□□