Perez Velasquez v. Divver et al

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26-cv-593-GPC-JLB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
GABRIEL PEREZ VELASQUEZ,
Petitioner,
v.
Patrick, DIVVER, Field Office Director of
Enforcement and Removal Operations,
San Diego Field Office, Immigration and
Customs Enforcement; Todd M. LYONS,
Acting Director, U.S. Immigration and
Customs Enforcement; Kristi NOEM,
Secretary, U.S. Department of Homeland
Security; U.S. DEPARTMENT OF
HOMELAND SECURITY; Pamela
BONDI, U.S. Attorney General;
EXECUTIVE OFFICE FOR
IMMIGRATION REVIEW; Christopher
J. LAROSE, Warden of Otay Mesa
Detention Facility.
Respondents.
Case No.: 26-cv-0593-GPC-JLB
ORDER GRANTING IN PART
PETITION FOR WRIT OF HABEAS
CORPUS
[ECF No. 1]
On January 29, 2026, Petitioner filed a petition for writ of habeas corpus pursuant to
28 U.S.C. § 2241. ECF No. 1. Petitioner was detained by Respondents on December 2,
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26-cv-593-GPC-JLB
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2025, and has not been provided with a bond hearing. Id. ¶ 20. In his petition, Petitioner
seeks immediate release from custody or, alternatively, a constitutionally adequate bond
hearing. ECF No. 1, at 8.1
On February 5, 2026, Respondents filed a response to the petition. ECF No. 4.
Respondents concede that, in light of the district court’s entry of final judgment in
Maldonado Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, --- F. Supp. 3d ---, 2025
WL 3289861 (C.D. Cal. Nov. 20, 2025), Petitioner is detained under 8 U.S.C. § 1226(a).
Thus, Respondents acknowledge that Petitioner is entitled to an order from this Court
directing a bond hearing in accordance with § 1226(a). ECF No. 4, at 2.
Petitioner was given until the end of February 9, 2026, to file a traverse. See ECF
No. 2. While the Court acknowledges that the time to file a traverse has not yet passed,
upon review of the Petition and Response, the Court finds that additional argument is not
necessary to inform its decision.
The Court GRANTS IN PART the petition for writ of habeas corpus pursuant to 28
U.S.C. § 2241.
To the extent that Petitioner requests release, such a request is premature. Section
1226 requires only consideration of release on bond, and a bond hearing is therefore
sufficient to correct Respondents’ ongoing violation of the laws as to Petitioner. See 8
U.S.C. § 1226(a). If Respondents fail to comply with this order, Petitioner may seek further
relief from the Court at that time.
Accordingly, the Court ORDERS Respondents to provide Petitioner with a bond
hearing under 8 U.S.C. § 1226(a) as soon as practicable and not more than ten (10) days
after the issuance of this Order. Respondents are ORDERED to FILE a Notice of
Compliance within seven (7) days of providing Petitioner with a bond hearing.
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Should Respondents release Petitioner on bond, Respondents SHALL NOT re-
arrest or re-detain Petitioner absent compliance with constitutional protections, which
include, at a minimum, pre-deprivation notice of at least seven days before a pre-
deprivation hearing at which the government will bear the burden of demonstrating by clear
and convincing evidence that Petitioner is likely to flee or pose a danger to the community
if not detained.2
The Clerk of Court SHALL enter judgment in Petitioner's favor and close this case.
IT IS SO ORDERED.
Dated: February 9, 2026
2 In his prayer for relief, Petitioner requests an award of costs and reasonable attorney’s
fees pursuant to the Equal Access to Justice Act. ECF No. 1, at 8. That request is DENIED
without prejudice. Petitioner’s counsel may submit an appropriate EAJA fee application
within 30 days of the issuance of this Order.
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