Case Name in Immigration Case - Unavailable

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
KULDEEP, No Given Name,
Petitioner,
v.
WARDEN, et al.,
Respondents.
Case No. 26-cv-01381-BAS-VET
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
(ECF No. 1)
Petitioner Kuldeep filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C.
§ 2241, claiming he has been arbitrarily or unreasonably prolonged in custody. (ECF No.
1.) 	The Government files a notice of non-opposition to Petitioner’s request for a bond
hearing. (ECF No. 3.) 	Thus, the Court GRANTS the Petition and orders that Petitioner
be granted a bond hearing as indicated below.
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
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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. 	ANALYSIS
Petitioner, a citizen of India, entered the United States on June 29, 2019, seeking
asylum. (ECF No. 1 ¶¶ 2–3.) On November 26, 2019, Petitioner was issued a Notice to
Appear. 	(Id. ¶ 4.) 	It is not clear from the Petition if he was released at that time. 	On
February 11, 2026, an Immigration Judge denied Petitioner’s asylum application. (Id. ¶ 5.)
He has appealed that decision to the BIA. (Id.)
On February 19, 2026, while Petitioner was stopped at a gas station, Immigration
and Customs Enforcement (“ICE”) re-arrested Petitioner and found he was subject to
mandatory detention under § 1225(b). Petitioner now claims that his prolonged, indefinite
detention pending removal proceedings violates the Fifth Amendment. 	(Id. ¶ 13.) 	He
requests an order releasing him from custody or a bond hearing before an Immigration
Judge. 	(Id. ¶14.) 	Although it is not clear to the Court how long Petitioner has been in
immigration custody, in light of the Government’s notice of non-opposition, the Court
GRANTS the Petition as to the bond-hearing request. (ECF No. 1.)
III. 	CONCLUSION
Accordingly, the Court issues the following writ:
The Court ORDERS that No Given Name Kuldeep (A# 213-493-089) be
granted a bond hearing before an Immigration Judge within 14 days of today’s
date. 	The Government has the burden at that hearing to prove by clear and
convincing evidence that Petitioner is a danger to the community or a flight
risk such that no amount of bond or monitoring can protect the public or
ensure his appearance at future proceedings.
The Clerk of the Court shall close the case.
IT IS SO ORDERED.
DATED: March 17, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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