Jacinto Rodriguez v. LaRose et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ANTONIO JOSAFHAT JACINTO
RODRIGUEZ,
Petitioner,
v.
CHRISTOPHER LAROSE, et al.,
Respondents.
Case No. 26-cv-00693-BAS-DEB
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
(ECF No. 1)
Petitioner Antonio Josafhat Jacinto Rodriguez filed a Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) On May 22, 2024, the Department of
Homeland Security (“DHS”) paroled Petitioner, a Mexican national, into the United States
through the CBP One process. (Id. ¶ 1.) DHS released Petitioner into the United States on
a Notice to Appear and ordered him to appear for all removal proceedings. (Id. ¶ 2.) 	He
has followed this directive. (Id.)
On May 20, 2025, at one of these immigration hearings, Immigration and Customs
Enforcement (“ICE”) arrested Petitioner. 	(Id.) 	Because of the Board of Immigration
Appeals (“BIA”) decision in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025),
Respondents have determined that Petitioner is subject to mandatory detention under 8
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U.S.C. § 1225. (Id. ¶ 5.) Petitioner filed this Petition seeking a bond hearing pursuant to 8
U.S.C. § 1226(a). (Id.)
The Government filed a Return acknowledging “that Petitioner is detained under
8 U.S.C. § 1226(a) and is entitled to an order from this Court directing a bond hearing be
held pursuant to 8 U.S.C. § 1226(a).” 	(ECF No. 4.) 	Petitioner filed a concurrence with
this Return. (ECF No. 5.)
This Court has previously held in multiple cases that it agrees with the Central
District in Maldonado Bautista v. Santacruz, __ F. Supp. 3d __, 2025 WL 3713982 (C.D.
Cal. Dec. 18, 2025), that an individual in Petitioner’s situation is not subject to mandatory
detention under Section 1225. See, e.g., Gregorio v. LaRose, No. 25-cv-03322-BAS-BJW,
2025 WL 3653998 (S.D. Cal. Dec. 17, 2025); Zayas v. Gordon, No. 26-cv-00237-BAS-
DEB, 2026 WL 266275 (S.D. Cal. Feb. 2, 2026); Trujillo v. Noem, No. 26-cv-00268-BAS-
VET, 2026 WL 266496 (S.D. Cal. Feb. 2, 2026). 	Hence, for all of the reasons stated in
these previous opinions, the Court GRANTS the Petition.
Accordingly, the Court issues the following writ:
The Court ORDERS that Petitioner Antonio Josafhat Jacinto Rodriguez
(A# 244-546-813) be given a bond hearing before an Immigration Judge
within 14 days of the date of this Order. His bond hearing shall be governed
by 8 U.S.C. § 1226(a), not § 1225(b)(2). 	If no bond hearing is held within
that time frame, the Court ORDERS that Petitioner be immediately released
under reasonable conditions of supervision.
The Clerk of the Court shall close the case.
IT IS SO ORDERED.
DATED: February 17, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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