Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CHRISTIAN ALBERTO ESPINOZA Case No.: 26cv4413-LL-JLB SOLANO, 12 ORDER GRANTING PETITION Petitioner, 13 FOR WRIT OF HABEAS CORPUS v. PURSUANT TO 28 U.S.C. § 2241 14 JEREMY CASEY, Facility Administrator, 15 [ECF No. 1] Imperial Regional Detention Facility, et 16 al., 17 Respondents. 18 19 Before the Court is Petitioner Christian Alberto Espinoza Solano’s Petition for a 20 Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, alleging that he is wrongfully 21 detained under 8 U.S.C. § 1225(b)(2). ECF No. 1 (“Pet.”). 22 The government filed a Response acknowledging that Mr. Espinoza Solano’s 23 detention is subject to 8 U.S.C. § 1226(a) and stating that it does not oppose the grant of a 24 bond hearing under § 1226(a). ECF No. 4 at 2; see also Rodriguez Vazquez v. Bostock, 25 No. 25-6842, 2026 WL 2196424, --- F.4th --- (9th Cir. July 30, 2026). 26 / / / 27 / / / 28 / / / 1 Accordingly, the Court ORDERS as follows: 2 1. Mr. Espinoza Solano’s Petition for Writ of Habeas Corpus is GRANTED.1 3 2. Within 48 hours of this Order, the government SHALL either immediately 4 release Mr. Espinoza Solano or issue a warrant pursuant to 8 U.S.C. § 1226(a) to continue 5 Mr. Espinoza Solano’s detention. 6 3. If a warrant is issued, the government SHALL provide Mr. Espinoza Solano 7 with an individualized bond hearing before an immigration judge pursuant to 8 U.S.C. 8 § 1226(a) within ten days of the date of this order, unless Mr. Espinoza Solano requests a 9 continuance.2 10 a. The immigration judge SHALL consider alternative conditions of 11 release and Mr. Espinoza Solano’s ability to pay bond if he or she 12 determines bond is appropriate. See Hernandez v. Sessions, 872 F.3d 13 976, 990–92 (9th Cir. 2017). 14 b. If requested by Mr. Espinoza Solano, the government SHALL assist 15 him in obtaining the audio recording of the bond hearing. Martinez v. 16 Clark, 124 F.4th 775, 786 (9th Cir. 2024) (citing Singh v. Holder, 638 17 F.3d 1196, 1200 (9th Cir. 2011)). 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 24 25 1 Mr. Espinoza Solano requests attorney’s fees and costs pursuant to the Equal Access to Justice Act [Pet. at 10], which the Court DENIES WITHOUT PREJUDICE. 26 27 2 In a bond hearing under 8 U.S.C. § 1226(a), the burden is on the detainee to demonstrate by a preponderance of the evidence that he is not a flight risk or danger to the community. 28 l 4. The Clerk of Court shall enter judgment in Mr. Espinoza Solano’s favor and 2 || close this case. 3 IT IS SO ORDERED. 4 ||Dated: August 25, 2026 NO 5 Je J 6 Honorable Linda Lopez 5 United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28