Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ANDUALEM GUMATAW FENTAW, Case No.: 26cv1965-LL-AHG 12 Petitioner, ORDER GRANTING PETITION 13 v. FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241 14 PATRICK DIVVER, Field Office Director of Enforcement and Removal 15 [ECF No. 1] Operations, San Diego Field Office, 16 Immigration and Customs Enforcement, et al.. 17 Respondents. 18 19 20 Before the Court is Petitioner Andualum Gumataw Fentaw’s Petition for a Writ of 21 Habeas Corpus pursuant to 28 U.S.C. § 2241 [ECF No. 1 (“Pet.”)], alleging that his 22 prolonged detention of about fourteen months without a bond hearing violates the Fifth 23 Amendment’s Due Process Clause. Pet. at 6–11. 24 Respondents filed a Response, in which they concede that in considering prior 25 rulings by courts in this district finding that prolonged detention without a bond hearing 26 violates due process, as well as Petitioner’s length of detention, “this Court should order 27 that Petitioner receive a bond hearing, where the government would bear the burden of 28 / / / | || proof of establishing, by clear and convincing evidence, that Petitioner poses a danger to 2 community or a risk of flight.” ECF No. 4 at 2. 3 Accordingly, the Court ORDERS as follows: 4 1. Petitioner’s Petition for Writ of Habeas Corpus is GRANTED. □ 5 2. Respondents shall provide Petitioner with an individualized bond hearing 6 || before an immigration judge within seven (7) days of the date of this order. 7 a. At the hearing, the government SHALL BEAR the burden of 8 establishing by clear and convincing evidence that Petitioner would 9 likely flee or pose a danger to the community if released. 10 b. The immigration judge SHALL consider alternative conditions of 11 release and Petitioner’s ability to pay bond if he or she determines bond 12 is appropriate. Hernandez v. Sessions, 872 F.3d 976, 990-91 (9th Cir. 13 2017). 14 c. Respondents SHALL make a complete record of the bond hearing 15 available to Petitioner and his counsel. Martinez v. Clark, 124 F.4th 16 775, 786 (9th Cir. 2024) (citing Singh v. Holder, 638 F.3d 1196, 1200 17 (9th Cir. 2011)). 18 3. The Clerk of Court shall enter judgment in Petitioner’s favor and close this 19 || case. 20 IT IS SO ORDERED. 21 ||Dated: April 27, 2026 NO 22 QF | 3 Honorable Linda Lopez 54 United States District Judge 25 26 27 28 ' Petitioner requests attorney’s fees and costs under the Equal Access to Justice Act [Pet. at 12], which the Court DENIES without prejudice.