Miller-Leon v. LaRose et al

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26-cv-780-JES-MMP
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ALLAN EDGAR MILLER-LEON,
Petitioner,
v.
CHRISTOPHER LAROSE; KRISTI
NOEM; TODD LYONS; PATRICK
DIVVER; SIRCE OWEN; and PAMELA
BONDI,
Respondents.
Case No.: 26-cv-780-JES-MMP
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
[ECF No. 1]
Before the Court is Petitioner Allan Edgar Miller-Leon’s (“Petitioner”) Petition for
Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 1. Petitioner is a native of
Nicaragua who has been detained at the Otay Mesa Detention Center since June 23, 2025.
Id. Petitioner alleges that he should not be considered mandatorily detained under 8 U.S.C.
§ 1225, and rather should be detained under § 1226 instead. Id. Petitioner seeks the Court
to order a bond hearing. Id.
Pursuant to the Court’s OSC order, Respondents filed a response. ECF No. 4. In the
response, Respondents acknowledged that Petitioner must be considered detained under 8
U.S.C. § 1226(a), pursuant to the final judgment entered in Maldonado Bautista v.
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Santacruz, No. 5:25-CV-01873-SSS-BFM, --- F. Supp. 3d ---, 2025 WL 3289861 (C.D.
Cal. Nov. 20, 2025). Petitioner filed a notice of concurrence. ECF No. 5.
The Court notes that while Respondents state that Petitioner is part of the Bond
Eligible class in Maldonado Bautista, at least one court has disagreed. See Xie v. LaRose,
No. 3:25-CV-03649-RBM-MSB, 2026 WL 92066, at *1-2 (S.D. Cal. Jan. 13, 2026)
(finding that petitioner who had previously been apprehended upon arrival and released on
parole was not part of the class). Regardless, however, the Court does agree with
Respondents that Petitioner’s re-detention is governed by 8 U.S.C. § 1226 rather than
§ 1225, irrespective of and independently from Maldonado Bautista. The Court has
previously held that where a petitioner is apprehended at the border, paroled into the
country, and had been residing in the country when he was re-detained, his detention is
governed by § 1226. See, e.g., Martinez Lopez v. Noem et al., No: 25-cv-2717-JES-AHG,
2025 WL 3030457, at *4-5 (S.D. Cal. Oct. 30, 2025) (explaining reasoning and citing
cases); Beltran et al. v. Noem et al., No. 25CV2650-LL-DEB, 2025 WL 3078837, at *3-4
(S.D. Cal. Nov. 4, 2025) (holding same); Garcia, 2026 WL 194745, at *2 (same).
Accordingly, the Court GRANTS the petition, and ORDERS as follows:
(1) The Court ORDERS Respondents to provide Petitioner with a bond
determination hearing under 8 U.S.C. § 1226(a) within ten days of this Order.
At the hearing, Respondents must provide Petitioner with a constitutionally
adequate and individualized bond hearing; and
(2) Respondents are ORDERED to File a Notice of Compliance within five days
of providing Petitioner with a bond redetermination hearing, including
apprising the Court of the results of the hearing and providing a copy of the
bond order.
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The Clerk of Court is ORDERED to CLOSE this case.
IT IS SO ORDERED.
Dated: February 13, 2026
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