Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 LOUIS ANCHELOT, Case No.: 26-CV-3562 JLS (VET)

12 Petitioner, ORDER GRANTING AMENDED 13 v. PETITION FOR WRIT OF HABEAS CORPUS 14 JEREMY CASEY, et al., 15 Respondents. (ECF No. 9) 16 17 18 Presently before the Court is Petitioner Louis Anchelot’s Amended Petition for Writ 19 of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Pet.,” ECF No. 9). Also before the Court 20 is Respondents’ Return to Petition for a Writ of Habeas Corpus (“Ret.,” ECF No. 11). 21 Petitioner did not file a traverse. See generally Docket. Petitioner alleges that he has been 22 detained by the United States Department of Homeland Security’s (“DHS”) Immigration 23 and Customs Enforcement (“ICE”) division at the Imperial Regional Detention Center. See 24 generally Pet. Petitioner, a citizen of Haiti, alleges that he entered the United States on or 25 about August 29, 2023, and was released on parole. Id. at 2. Petitioner was arrested, pled 26 guilty to a misdemeanor for driving under the influence, and was transferred to ICE 27 detention. Id. Petitioner alleges that his continued detention violates the Due Process 28 Clause of the Fifth Amendment. Id. at 5–7. 1 Respondents state that Petitioner is subject to detention under 8 U.S.C. § 1226(a) 2 therefore “do[] not oppose the [P]etition and defer[] to the Court on the appropriate 3 ||relief.” Ret. at 2. Respondents further state that they have “insufficient information 4 ||regarding termination of [Petitioner’s] parole, pursuant to 8 C.F.R. § 212.5(e)(2), to 5 || provide to the Court.” Jd. The Court finds that Petitioner is entitled to release. See, e.g., 6 || Noori v. LaRose, 807 F. Supp. 3d 1146, 1163-67, 1169 (S.D. Cal. 2025) (granting release 7 ||under similar facts); Tran v. LaRose, No. 26-CV-2653 JLS (GC), 2026 WL 1303166, at 8 (S.D. Cal. May 12, 2026) (same); Antonio v. LaRose, No. 26-CV-2387-LL-MMP, 9 2026 WL 1215037, at *1—3 (S.D. Cal. May 4, 2026) (same). 10 Accordingly, the Court GRANTS Petitioner’s Amended Petition for a Writ of 11 || Habeas Corpus (ECF No. 9) and ORDERS Respondents to immediately release Petitioner 12 || from custody subject to the conditions of his preexisting release. The Court ORDERS, 13 to any re-detention of Petitioner, that Petitioner is entitled to notice of the reasons for 14 ||revocation of his release and a hearing before a neutral decision maker to determine 15 || whether detention is warranted. The Government shall bear the burden of establishing, by 16 and convincing evidence, that Petitioner poses a danger to the community or a risk of 17 || flight. 18 The Parties are ORDERED to file a Joint Status Report by August 14, 2026, 19 || confirming that Petitioner has been released. As this concludes the litigation in this matter, 20 || the Clerk of Court SHALL CLOSE the file. 21 IT IS SO ORDERED. 22 ||Dated: August 11, 2026 24 United States District Judge 25 26 27 28