Case Name in Immigration Case - Unavailable

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
HUMBERTO RODRIGUEZ CASTRO,
Petitioner,
v.
CHRISTOPHER J. LAROSE, et al.,
Respondents.
Case No. 26-cv-01547-BAS-MSB
ORDER GRANTING IN PART AND
DENYING IN PART PETITION FOR
WRIT OF HABEAS CORPUS
(ECF No. 1)
Petitioner Humberto Rodriguez Castro filed a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241, arguing that the Immigration Judge erroneously found him
subject to mandatory detention under Matter of Yajure Hurtado, 29 I & N Dec. 216
(BIA 2025). (ECF No. 1.) Petitioner requests a new bond hearing where the Immigration
Judge is ordered to consider Petitioner’s release under 8 U.S.C. § 1226(a). 	(Id.) 	The
Government responds that Petitioner is subject to mandatory detention under 8 U.S.C.
§ 1226(c)(1)(E) and the Laken Riley Act, and thus, the Petition should be denied. 	(ECF
No. 5.) 	Petitioner’s Traverse suggests that Petitioner may be subject to mandatory
detention under § 1226(c)(1)(E), but that the Immigration Judge erroneously found
Petitioner subject to mandatory detention under § 1225, and thus, a new bond hearing
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should be ordered. (ECF No. 6.) The Court agrees that the Immigration Judge incorrectly
determined that the Immigration Court had no jurisdiction to consider bond under Yajure
Hurtado. However, the Court finds Petitioner may be subject to mandatory detention under
§ 1226(c)(1)(E) and thus directs the Immigration Judge to make this determination.
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, a citizen of Mexico, entered the United States illegally in 2002. 	(ECF
No. 1, ¶ 25.) He was not apprehended upon his arrival to the United States. (Id.) Petitioner
was arrested by local police in Utah for assaulting a police officer. (ECF No. 5.) Those
charges are currently pending in Utah. (Id.)
After his arrest by police in Utah, Petitioner was turned over to Immigration and
Customs Enforcement (“ICE”) for possible removal. The Department of Homeland
Security (“DHS”) transferred Petitioner to the Otay Mesa Detention Center. On May 11,
2026, an Otay Mesa Immigration Judge denied Petitioner bond, finding the Immigration
Court lacked jurisdiction to order bond pursuant to Yajure Hurtado, 29 I & N Dec. 216.
III. 	ANALYSIS
The Central District of California certified a class and essentially overruled Yajure
Hurtado. 	Maldonado Bautista v. Santacruz, __ F. Supp. 3d __, 2025 WL 3713982 (C.D.
Cal. Dec. 18, 2025). Although the Ninth Circuit stayed and restricted application of that
class to only those located in the Central District of California, Maldonado Bautista v. U.S.
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Dep’t of Homeland Sec., No. 26-1044 (9th Cir. Mar. 6, 2026), this Court has previously
held in multiple cases that it agrees with the Court 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).
However, Petitioner may be subject to mandatory detention under 8 U.S.C. §
1226(c)(1)(E)(ii), 	which 	pertains 	to 	an 	individual 	charged 	with 	assault 	on 	a 	law
enforcement officer. Since the Immigration Judge was unable to consider this possibility,
finding only that detention was mandatory under 8 U.S.C. § 1225, this Court GRANTS
the Petition to the extent it requests a new bond hearing. However, it DENIES the Petition
to the extent it requests this Court to order the Immigration Judge to consider Petitioner’s
release under § 1226(a).
IV. 	CONCLUSION
Accordingly, the Court issues the following writ:
The Court directs the Immigration Court to hold a bond hearing for Petitioner
Humberto 	Rodriguez 	Castro 	(A# 	221-468-385). 	At 	that 	hearing, 	the
Immigration Judge should not find that Petitioner is subject to mandatory
detention under 8 U.S.C. § 1225 or Yajure Hurtado, 29 I & N Dec. 216 (BIA
2025). The Immigration Judge may, however, consider whether Petitioner is
subject to mandatory detention under § 1226(c)(1)(E) or permissive detention
under § 1226(a).
The Clerk of the Court shall close the case.
IT IS SO ORDERED.
DATED: March 25, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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