Rixion Enrique Martinez-Tobias v. Jeremy Casey, et al.
- Proceeding
- district
- Area
- civil
- Panel
- Benjamin J. Cheeks (author)
Analysis
The court reviewed a pro se petition for a writ of habeas corpus filed by a Venezuelan national detained after the revocation of his immigration parole. The court granted the petition, finding that the revocation of parole and subsequent detention violated the petitioner's due process rights because he was not provided notice, reasons, or an opportunity to be heard.
| What the court decided | The model |
|---|---|
Granting the petition for a writ of habeas corpus and ordering the immediate release of the petitioner under previously determined conditions.“Accordingly, the Court GRANTS the petition for a writ of habeas corpus. Respondents shall immediately release Petitioner under the previously determined conditions.” | agree with court The court correctly applied the due process requirements for the revocation of immigration parole. The order recites that the petitioner was not given an individualized determination or an opportunity to be heard, and the respondents did not dispute these facts. Under the Fifth Amendment, the revocation of parole requires procedural due process, including notice and a hearing. Because the government conceded the lack of these procedures and the court found a violation of due process, the grant of habeas relief is legally sound. |
The order itself: sound — The order is procedurally and substantively sound. It correctly identifies the legal standard for habeas relief and applies the specific due process requirements for parole revocation. The court relied on a recent, persuasive district court decision (Noori) that aligns with established Ninth Circuit precedent regarding due process in immigration parole revocations. The government's concession of the facts regarding the lack of a hearing further supports the court's conclusion. The order is concise and directly addresses the motion.
How this analysis was made · dispute it
unusual dispositionOpinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 RIXION ENRIQUE MARTINEZ- Case No.: 26-cv-2315-BJC-VET TOBIAS, 12 ORDER GRANTING PETITION FOR Petitioner, WRIT OF HABEAS CORPUS 13 PURSUANT TO 28 U.S.C. § 2241 v. 14 JEREMY CASEY, et al, 15 Respondents. 16 18 On April 10, 2026, Petitioner Rixion Enrique Martinez-Tobias, proceeding pro se, 19 filed a petition for writ of habeas corpus pursuant to 28 U.S.C. section 2241, along with a 20 Motion to Appoint Counsel and a Motion for Leave to Proceed In Forma Pauperis. ECF 21 Nos. 1, 2, 3. On April 16, 2026, the Court granted Petitioner’s request to proceed in forma 22 pauperis, appointed the office of Federal Defenders as counsel for Petitioner, and issued a 23 scheduling order. ECF Nos. 4, 5. On April 22, 2026, counsel filed a supplemental Petition 24 on behalf of Petitioner. ECF No. 8. On May 1, 2026, Respondents filed a Return. ECF 25 No. 9. 26 Petitioner is a native and citizen of Venezuela who entered the United States on 27 October 28, 2024, through an appointment with the CBP-One App. ECF No. 8 at 3. 28 1 Petitioner was released from immigration custody on parole under 8 U.S.C. § 1182(d)(5). 2 ECF No. 9 at 2. He worked as an UBER driver and in landscaping maintenance while living 3 in the U.S. Id. Petitioner filed an application for asylum and had a hearing set before an 4 immigration judge on February 28, 2026. Id. On February 2, 2026, Petitioner was driving 5 in Coachella, California, when he was stopped by agents who arrested him. Id. He was not 6 given an opportunity to contest his detention, and he was sent to Imperial Detention Center 7 where he remains today. Id. On April 20, 2026, an immigration judge denied his asylum 8 application and the proceedings remain pending. Id. 9 Petitioner requests that the Court order his immediate release from custody under 10 the same conditions of parole. Id. at 13. 11 I. LEGAL STANDARD 12 Courts may grant habeas corpus relief to those “in custody in violation of the 13 Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241; see also Hamdi v. 14 Rumsfeld, 542 U.S. 507, 525, 124 S. Ct. 2633, 2644, 159 L. Ed. 2d 578 (2004) (“[T]he writ 15 of habeas corpus remains available to every individual detained within the United States.”). 16 Courts are authorized to grant writs pursuant to § 2241 to noncitizens in custody in 17 violation of the Constitution or laws or treaties of the United States. Magana-Pizano v. 18 I.N.S., 200 F.3d 603, 609 (9th Cir. 1999). 19 II. DISCUSSION 20 Petitioner contends his detention violates the Immigration and Nationality Act 21 (“INA”) and Due Process Clause of the Fifth Amendment. ECF No. 8 at 4-5. Respondents 22 do not address Petitioner’s due process arguments. Instead, Respondents assert that 23 Petitioner is detained under 8 U.S.C. § 1225(b)(2) but “acknowledges that this Court, and 24 Courts in this District, have repeatedly reached the opposite conclusion under the same 25 and/or similar facts.” ECF No. 9 at 2. For this reason, Respondents state that “the 26 government does not oppose the petition.” Id. at 3. 27 Petitioner was entitled to due process, including written notice, the reasons for the 28 termination, and an opportunity to contest the determination, prior to termination of his 1 ||parole. Noori v. LaRose, No. 25-CV-1824-GPC-MSB, 2025 WL 2800149, at *11 (S.D. 2 Oct. 1, 2025). Petitioner contends, and Respondents do not dispute, that Petitioner 3 || was provided no individualized determination, and no opportunity to be heard before he 4 || was detained. The Court finds Petitioner’s revocation of his release and detention violates 5 || his due process rights. 6 It. CONCLUSION AND ORDER 7 Accordingly, the Court GRANTS the petition for a writ of habeas corpus. 8 ||Respondents shall immediately release Petitioner under the previously determined 9 ||conditions. The Clerk of Court shall close this matter. 10 IT IS SO ORDERED. 11 Dated: May 5, 2026 12 14 15 Honorable Benjamin J. Cheeks United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28