Case Name in Immigration Case - Unavailable

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ABDOUL RAHIMY BAH,
Petitioner,
v.
PATRICK DIVVER, et al.,
Respondents.
Case No. 26-cv-01453-BAS-DDL
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
(ECF No. 1)
Petitioner Abdoul Rahimy Bah filed a habeas petition pursuant to 28 U.S.C. § 2241
claiming he has been arbitrarily or unreasonably prolonged in custody. (ECF No. 1.) The
Government filed a notice of non-opposition to Petitioner’s request for a bond hearing.
(ECF No. 4.) 	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 Guinea, entered the United States on December 13, 2024,
seeking asylum. (ECF No. 1 ¶¶ 1,13.) He has been in immigration custody since then for
fifteen months. 	Petitioner seeks immediate release or a bond hearing. 	(ECF No. 1.) In
light of the Government’s notice of non-opposition, the Court GRANTS the Petition.
III. 	CONCLUSION
Accordingly, the Court issues the following writ:
The Court ORDERS that Petitioner Abdoul Rahimy Bah be granted a bond
hearing before an Immigration Judge within 7 days of today’s date. 	The
Government has the burden of proof 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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