Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 EMMA REYES-RIZO, Case No.: 26-CV-3740 JLS (JLB)

12 Petitioner, ORDER GRANTING AMENDED 13 v. PETITION FOR WRIT OF HABEAS CORPUS 14 U.S., ICE, et al., 15 Respondents. (ECF No. 7) 16 17 18 Presently before the Court is Petitioner Emma Reyes-Rizo’s Amended Petition for 19 Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Pet.,” ECF No. 7). Also before the 20 Court is Respondents’ Return to Petition for a Writ of Habeas Corpus (“Ret.,” ECF No. 9). 21 Petitioner alleges that she has been detained by the United States Department of Homeland 22 Security’s (“DHS”) Immigration and Customs Enforcement (“ICE”) division at the Otay 23 Mesa Detention Center. Pet. at 3. Petitioner alleges that she was previously released from 24 custody on parole in 2021. Id. at 2. Petitioner was arrested at a credible fear interview 25 appointment in Miami, Florida. Id. at 2–3. Petitioner argues that the revocation of her 26 parole without notice or an opportunity to be heard violates the Due Process Clause of the 27 Fifth Amendment. Id. at 3. 28 / / / l Respondents acknowledge that Petitioner was previously released on parole and that 2 ||they have insufficient information regarding the termination of her parole. Ret. at 2. 3 ||Respondents also argue that Petitioner is subject to mandatory detention under 4 1225(b)(2); however, Respondents “acknowledge[] that this Court, and Courts in this 5 || District, have repeatedly reached the opposite conclusion under the same and/or similar 6 || facts.” Jd. (collecting cases). Respondents therefore “do[] not oppose the [P]etition and 7 || defer[] to the Court on the appropriate relief.” Jd. at 3. The Court finds that Petitioner 1s 8 entitled to release. See, e.g., Noori v. LaRose, 807 F. Supp. 3d 1146, 1163-67, 1169 (S.D. 9 || Cal. 2025) (granting release under similar facts); Tran v. LaRose, No. 26-CV-2653 JLS 10 ||(GC), 2026 WL 1303166, at *1-3 (S.D. Cal. May 12, 2026) (same); Antonio v. LaRose, 11 || No. 26-CV-2387-LL-MMP, 2026 WL 1215037, at *1—3 (S.D. Cal. May 4, 2026) (same). 12 Accordingly, the Court GRANTS Petitioner’s Amended Petition for a Writ of 13 || Habeas Corpus (ECF No. 7) and ORDERS Respondents to immediately release Petitioner 14 || from custody subject to the conditions of her preexisting parole. The Court ORDERS, 15 || prior to any re-detention of Petitioner, that Petitioner is entitled to notice of the reasons for 16 |/revocation of her release and a hearing before a neutral decision maker to determine 17 || whether detention is warranted. The Government shall bear the burden of establishing, by 18 and convincing evidence, that Petitioner poses a danger to the community or a risk of 19 || flight. The Parties are ORDERED to file a Joint Status Report by July 30, 2026, 20 || confirming that Petitioner has been released. As this concludes the litigation in this matter, 21 ||the Clerk of Court SHALL CLOSE the file. 22 IT IS SO ORDERED. 23 ||Dated: July 23, 2026 . tt f te 24 on. Janis L. Sammartino 5 United States District Judge 26 27 28