de Souza Gomes v. Archambeault et al

1
26-cv-317-JO-MSB
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
REINALDO DE SOUZA GOMES,
Petitioner,
v.
JOHN ARCHAMBEAULT, et al.,
Respondents.
Case No.: 26-cv-317-JO-MSB
ORDER GRANTING THE
PETITION FOR WRIT OF HABEAS
CORPUS [DKT. 1]
Petitioner Reinaldo de Souza Gomes filed a petition for writ of habeas corpus. Dkt.
1. 	The Court held oral argument on February 5, 2026. 	The Court finds that it has
jurisdiction to review Petitioner’s constitutional challenges to his detention for the same
reasons stated in its prior decision in Pacheco v. LaRose, No. 3:25-CV-2421-JO-AHG,
2026 WL 242300, *2–*3 (S.D. Cal. Jan. 29, 2026). 	For additional reasons stated on the
record, the Court ORDERS as follows:
1. The Court GRANTS Petitioner’s habeas petition [Dkt. 1].
Case 3:26-cv-00317-JO-MSB Document 10 Filed 02/05/26 PageID.<pageID> Page
1 of 2

2
26-cv-317-JO-MSB
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2. Respondents are ORDERED to release Petitioner by 5 p.m. on February
6, 2026. Respondents are ORDERED to file an affidavit attesting to
Petitioner’s release by 5 p.m. on February 9, 2026.
3. Respondents are ENJOINED from redetaining Petitioner without a pre-
deprivation hearing before an immigration judge, at which the Government
bears the burden of proving by clear and convincing evidence that
circumstances have materially changed, rendering Petitioner a danger to
the community or a flight risk. See Singh v. Holder, 638 F.3d 1996, 1203
(9th Cir. 2011). 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).
4. Respondents shall file a declaration attesting to full compliance with
these obligations. Respondents are ENJOINED from redetaining
Petitioner until 48 hours after filing the declaration.
IT IS SO ORDERED.
Dated: February 5, 2026
Case 3:26-cv-00317-JO-MSB Document 10 Filed 02/05/26 PageID.<pageID> Page
2 of 2