Rafiei v. Larose

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26-cv-668-JO-BJW
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
NIMA RAFIEI,
Petitioner,
v.
CHRISTOPHER J. LAROSE,
Respondent.
Case No.: 26-cv-668-JO-BJW
ORDER GRANTING THE
PETITION FOR WRIT OF HABEAS
CORPUS
Nima Rafiei, a citizen of Iran proceeding pro se, filed a petition for writ of habeas
corpus challenging his immigration detention. Dkt. 1. The Court held oral argument on
February 20, 2026. 	For the reasons stated on the record, and incorporating the analysis
stated on the record in Raeva v. Mayorkas, No. 3:25-cv-03175, Dkts. 16, 17, the Court
GRANTS the habeas petition [Dkt. 1] and ORDERS as follows:
1. By 	February 	25, 	2026, 	Respondents 	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,
Case 3:26-cv-00668-JO-BJW Document 11 Filed 02/20/26 PageID.<pageID> Page
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26-cv-668-JO-BJW
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1203 (9th Cir. 2011). 	Respondents SHALL NOT deny Petitioner bond on the
basis that (i) 8 U.S.C. § 1225(b) requires or authorizes mandatory detention; or
that (ii) BIA precedent deprives the immigration judge of jurisdiction to decide
bond. The immigration judge must consider Petitioner’s financial circumstances
and alternatives to bond as necessary in setting conditions of release. 	See
Hernandez v. Sessions, 872 F.3d 976, 1000 (9th Cir. 2017).
2. If no hearing occurs by February 25, 2026, Respondents SHALL release
Petitioner from custody by 5 p.m. on February 26, 2026.
3. Respondents shall file a declaration by 5 p.m. on February 27, 2026 stating (i)
the outcome of any bond hearing conducted pursuant to this order, i.e., denial of
bond, the bond amount set, or other release conditions; or (ii) if no bond hearing
was conducted, confirming that Petitioner has been released.
4. Respondents are ENJOINED from redetaining Petitioner during the pendency of
his removal proceedings without first providing a bond hearing as set forth above.
See Singh v. Holder, 638 F.3d 1196, 1203–05 (9th Cir. 2011); Hernandez, 872
F.3d at 1000.
5. Respondents shall file a declaration attesting to full compliance with these
obligations at least 48 hours prior to any redetention of Petitioner.
6. The Clerk of the Court is directed to close the case.
IT IS SO ORDERED.
Dated: February 20, 2026
Case 3:26-cv-00668-JO-BJW Document 11 Filed 02/20/26 PageID.<pageID> Page
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