Raudales-Valle v. Divver et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
RIGOBERTO RAUDALES-VALLE,
Petitioner,
v.
PATRICK DIVVER, et al.,
Respondents.
Case No. 26-cv-01020-BAS-VET
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
(ECF No. 1)
Petitioner Rigoberto Raudales-Valle filed a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241, claiming he was improperly denied a bond hearing. (ECF
No. 1.) He requests that he be granted a bond hearing within 7 days. (Id.) The Government
responded to the Petition, agreeing with Petitioner and 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.) 	However, the
Government requests that the bond hearing be ordered no earlier than 14 days. (Id.) For
the reasons stated below, the Court GRANTS the Petition and orders that Petitioner be
given a bond hearing within 7 days.
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I. 	LEGAL STANDARD
A writ of habeas corpus is “available to every individual detained within the United
States.” 	Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004). 	“The traditional function of the
writ is to secure release from illegal custody.” 	Preiser v. Rodriguez, 411 U.S. 475, 484
(1973). A court may grant a writ of habeas corpus to a petitioner who demonstrates he or
she is in custody in violation of the Constitution or federal law. 28 U.S.C. § 2241(c)(3). It
applies to non-citizens detained within the United States. Zadvydas v. Davis, 533 U.S. 678,
687 (2001). Since Petitioner is in custody and since he is seeking release from custody, he
has standing to pursue this Petition.
II. 	STATEMENT OF FACTS
Petitioner entered the United States without inspection in September 2019. 	(ECF
No. 1 ¶ 5b.) 	He was not apprehended upon arrival. 	(Id.) 	Immigration and Customs
Enforcement (“ICE”) arrested him on January 20, 2026. (Id. ¶ 5a.) He has been denied a
bond hearing pursuant to Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Id.)
Petitioner requests that he be granted a bond hearing before an Immigration Judge pursuant
to 8 U.S.C. § 1226 within 7 days. (Id.)
III. 	ANALYSIS
The Central District of California has certified a class of which Petitioner is a
member and essentially overruled Yajure Hurtado. Maldonado Bautista v. Santacruz, __
F. Supp. 3d __, 2025 WL 3713982 (C.D. Cal. Dec. 18, 2025). This Court has previously
held in multiple cases that it agrees with the Central District in Maldonado Bautista 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.
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IV. 	CONCLUSION
Accordingly, the Court issues the following writ:
The Court ORDERS a bond hearing before an Immigration Judge for Rigoberto
Raudales-Valle (A#221-493-678) within 7 days of the date of this Order. The bond
hearing shall be governed by 8 U.S.C. § 1226(a), not § 1225(b)(2). If no bond
hearing is held within 7 days, Petitioner is ordered released forthwith.
The Clerk of Court shall close the case.
IT IS SO ORDERED.
DATED: February 24, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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