Mikaelian v. Bondi et al

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26-cv-201-JO-BLM
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ALISIIA MIKAELIAN,
Petitioner,
v.
PAM BONDI, et al.,
Respondents.
Case No.: 26-cv-201-JO-BLM
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
[DKT. 1]
Petitioner Alisiia Mikaelian filed a petition for writ of habeas corpus. Dkt. 1. The
Court held oral argument on January 27, 2026. For the reasons stated on the record, the
Court GRANTS the petition for writ of habeas corpus [Dkt. 1] and ORDERS as follows:
1. Respondents, within seven (7) days of this order, SHALL provide Petitioner
with an individualized bond hearing before a neutral immigration judge where
the Government bears the burden of establishing by clear and convincing
evidence that Petitioner is a danger to the community or a flight risk that
cannot reasonably be addressed by bond or conditional release. See Singh v.
Holder, 638 F.3d 1196, 1203 (9th Cir. 2011). Respondents SHALL NOT
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26-cv-201-JO-BLM
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deny Petitioner’s bond on the basis that 8 U.S.C. § 1225(b) requires or
authorizes mandatory detention. If continued detention is not warranted, the
immigration judge must consider Petitioner’s financial circumstances and
alternatives to bond in setting conditions of release. See Hernandez v.
Sessions, 872 F.3d 976, 1000 (9th Cir. 2017).
2. Respondents SHALL file a declaration attesting to the occurrence of the bond
hearing by the close of the next business day after the bond hearing. If no
hearing occurs within seven (7) days of this order, Petitioner SHALL be
released from Respondents’ custody by noon on the eighth (8) day following
this order.
3. If Petitioner is released, Respondents SHALL NOT redetain Petitioner during
the pendency of his removal proceedings (until a final order of removal is
issued) without an individualized bond hearing detailed in paragraph 1 above.
See Singh, 638 F.3d at 1203. If Respondents seek to redetain Petitioner, they
SHALL file advance notice attesting that the above requirements have been
met. See All Writs Act, 28 U.S.C. § 1651. Once that notice has been
docketed, Respondents SHALL NOT redetain Petitioner for at least 48 hours
from the time of docketing.
IT IS SO ORDERED.
Dated: January 26, 2026
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