Rodrigo Gregorio-Rodriguez v. Todd Blanche, U.S. Attorney General, et al.
- Proceeding
- original
- Outcome
- other — Indeed, § 2 || 1231(a), which governs
- Area
- civil
- Panel
- Dana M. Sabraw (author)
Analysis
The court reviewed an Amended Petition for Writ of Habeas Corpus challenging the petitioner's detention following a reinstated removal order. The court denied the immediate release requested by the petitioner, ruling that mandatory detention under 8 U.S.C. § 1231(a) continues until the removal period expires on August 12, 2026.
| What the court decided | The model |
|---|---|
Denied the Amended Petition for Writ of Habeas Corpus seeking immediate release from custody.“Under § 1231(a), Petitioner is subject to mandatory detention during the removal period, or until August 12, 2026.” | agree with court The court correctly applied the statutory text of 8 U.S.C. § 1231(a), which mandates detention for aliens subject to reinstated removal orders during the 90-day removal period. The court noted that the respondents' own cited authorities did not support immediate release before the statutory period expired. The court's reliance on the clear meaning of the statute is consistent with standard statutory interpretation principles. |
The order itself: sound — The order is procedurally sound and relies on the correct statutory provision (8 U.S.C. § 1231(a)) and binding Ninth Circuit precedent (Padilla-Ramirez). The court correctly identified that the statutory removal period had not yet expired as of the date of the order, thereby justifying the denial of immediate habeas relief. The reasoning is concise but sufficient for a district court order on a statutory detention issue.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 RODRIGO GREGORIO-RODRIGUEZ, Case No.: 26cv3314 DMS (DEB)
12 Petitioner, ORDER GRANTING IN PART AND 13 v. DENYING IN PART AMENDED PETITION 14 TODD BLANCHE, U.S. Attorney General, et al., 15 Respondents. 16 17 18 This case comes before the Court on the Amended Petition for Writ of Habeas 19 Corpus. Respondent filed a Return to the Amended Petition, and Petitioner filed a 20 Traverse. 21 In the Amended Petition, Petitioner claims his due process rights were violated when 22 he was re-detained without notice or an opportunity to be heard. In the Return, 23 Respondents state Petitioner was re-detained pursuant to a reinstated removal order and 24 that his detention is therefore governed by 8 U.S.C. § 1231(a). (See Return at 1, Ex. 1.) 25 Nevertheless, Respondents acknowledge “this Court, and Courts in this District, have 26 repeatedly ordered release under the same and/or similar facts.” (Return at 2.) They 27 therefore “acknowledge[ ] that Petitioner is entitled to be released from custody pursuant 28 to § 1231(a).” (Id.) l The authorities Respondents cite, however, do not support their position. Indeed, § 2 || 1231(a), which governs detention of aliens subject to reinstated removal orders, Padilla- 3 || Ramirez v. Bible, 882 F.3d 826, 834 (9" Cir. 2017), mandates Petitioner’s detention during 4 || the removal period, or for 90 days following the reinstated removal order. In this case, the 5 ||removal period expires on August 12, 2026. Neither the regulation nor the cases 6 || Respondents cite support their position that Petitioner should be released before that time. 7 Despite Respondents’ position, and absent any explanation or argument as to why § 8 || 1231(a) does not apply here, the Court has an “obligation to honor the clear meaning of a 9 ||statute, as revealed by its language, purpose, and history.’” Southeastern Community 10 || College v. Davis, 442 U.S. 397, 411 (1979) (quoting Teamsters v. Daniel, 439 U.S. 551, 11 n.20 (1979)). Under § 1231(a), Petitioner is subject to mandatory detention during the 12 ||removal period, or until August 12, 2026. If Petitioner has not been removed by that date, 13 || he shall be released from custody pursuant to Respondents’ concession. 14 IT IS SO ORDERED. 15 Dated: July 29, 2026 g □ 16 a Yn: Hon. Dana M. Sabraw United States District Judge 18 19 20 21 22 23 24 25 26 27 28