Case Name in Immigration Case - Unavailable

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26-cv-1567-RSH-DDL
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
GURPREET GIR,
Petitioner,
v.
WARDEN, Imperial County Regional
Detention Facility, et al.,
Respondents.
Case No.: 26-cv-1567-RSH-DDL
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
[ECF No. 3]
On March 12, 2026, petitioner Gurpreet Gir filed a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241 (the “Petition”). ECF No. 1. The Court set a briefing schedule
based on the Standard Procedures for Immigration Habeas Petitions, Chief Judge Order
No. 144 (S.D. Cal. Mar. 9, 2026). See ECF No. 2. Petitioner thereafter filed an application
for a temporary restraining order. ECF No. 3.
Petitioner argues, among other things, that rather than being subject to mandatory
detention under 8 U.S.C. § 1225(b), he is entitled to an immediate bond hearing before an
immigration judge under 8 U.S.C. § 1226(a). ECF No. 1 ¶ 77. Respondents have not timely
filed a return, and the Court construes this request for relief as unopposed.
Accordingly, the Petition is GRANTED. Respondents are directed to arrange a bond
hearing for petitioner Gurpreet Gir before an immigration court pursuant to 8 U.S.C. §
Case 3:26-cv-01567-RSH-DDL Document 5 Filed 03/24/26 PageID.<pageID> Page
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26-cv-1567-RSH-DDL
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1226(a) within seven (7) days of this order. At this hearing, the government bears the
burden of establishing by clear and convincing evidence that Petitioner poses a danger to
the community or a risk of flight. The Court declines to order Petitioner’s immediate
release. To the extent Petitioner seeks to recover attorneys’ fees, he must do so by way of
a noticed motion that complies with the Local Rules of this Court and the undersigned’s
Pretrial Civil Procedures.
In light of the foregoing disposition, Petitioner’s application for a temporary
restraining order [ECF No. 3] is DENIED as moot.
IT IS SO ORDERED.
Dated: March 24, 2026
____________________
Hon. Robert S. Huie
United States District Judge
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