3:26-cv-01610•Case Name in Immigration Case - Unavailable
Gesamter Gesetzestext
- 1 - 26cv1610 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA BAUDILIO CALMO-PABLO, Petitioner, v. CHRISTOPHER J. LAROSE, Respondent. Case No. 26-cv-01610-BAS-DDL ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS (ECF No. 1) Petitioner Baudilio Calmo-Pablo filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, claiming he was improperly detained after he had been released on bond for seven years. (ECF No. 1.) The Government filed a Notice of Non-Opposition to Petitioner’s request to be released on bond. (ECF No. 4.) For the reasons stated below, the Court GRANTS the Petition and orders that Petitioner be released on the same terms and conditions as he was previously released. 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 Case 3:26-cv-01610-BAS-DDL Document 5 Filed 03/24/26 PageID.<pageID> Page 1 of 3
- 2 - 26cv1610 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 Guatemalan of indigenous Maya Mam descent, entered the United States on October 3, 2018, seeking asylum. (ECF No. 1, ¶¶ 3, 10.) The Department of Homeland Security (“DHS”) released Petitioner on bond on January 8, 2019. (Id. ¶ 11.) Petitioner has complied with all the conditions of release over the past seven years. (Id.) On July 24, 2025, DHS re-detained Petitioner without notice or an opportunity to be heard and without any changed circumstances with respect to his flight risk or danger to the community. (Id. ¶¶ 2, 29–30.) Petitioner seeks immediate release or a bond hearing. III. ANALYSIS The Government filed a Notice of Non-Opposition to Petitioner’s release on bond. (ECF No. 4.) And this Court agrees that Petitioner’s re-detention, without notice or an opportunity to be heard and without noticeably changed circumstances, violates Petitioner’s due process rights. Individuals released from custody, even where such release is conditional, have a liberty interest in continued liberty. See, e.g., Morrissey v. Brewer, 408 U.S. 471, 482 (1972) (parolees); Young v. Harper, 520 U.S. 143, 150 (1997) (pre-parolees); Gagnon v. Scarpelli, 411 U.S. 778, 782 (1973) (probationers). Thus, this Court agrees with those courts that have held: [O]nce a noncitizen has been released, the law prohibits federal agents from rearresting him merely because he is subject to removal proceedings. Rather, the federal agents must be able to present evidence of materially changed circumstances—namely, evidence that the noncitizen is in fact dangerous or has become a flight risk, or is now subject to a final order of removal. And if the noncitizen disputes the notion that changed circumstances justify his rearrest, he is entitled to a prompt hearing before an Immigration Judge. Case 3:26-cv-01610-BAS-DDL Document 5 Filed 03/24/26 PageID.<pageID> Page 2 of 3
- 3 - 26cv1610 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Saravia v. Sessions, 280 F. Supp. 3d 1168, 1176–77 (N.D. Cal. 2017); see also Kamalpreet v. Singh, No. 26-cv-1211-LL-JLB, 2026 WL 622687, at *1 (S.D. Cal. Mar. 5, 2026) (“Although the initial decision to detain or release an individual may be within the government’s discretion, the government’s decision to release an individual from custody creates an implicit promise, upon which that individual may rely, that their liberty will be revoked only if they fail to live up to the conditions of release.” (citation modified) (quoting Pinchi v. Noem, 792 F. Supp. 3d 1025, 1032 (N.D. Cal. 2025))). Because DHS released Petitioner upon finding he was not a flight risk or a danger to the community in January 2019, and because there is no evidence that those circumstances have changed, Petitioner is entitled to remain released on the same conditions as he was initially released. If DHS believes circumstances have changed, it must provide notice of these changed circumstances to Petitioner and provide Petitioner an opportunity to be heard promptly before an Immigration Judge. Hence, the Court GRANTS the Petition. IV. CONCLUSION Accordingly, the Court issues the following writ: The Court ORDERS that Petitioner Baudilio Calmo-Pablo (A#215-542-628) be released on the same terms and conditions as he was previously released in January 2019. The Clerk of the Court shall close the case. IT IS SO ORDERED. DATED: March 24, 2026 Hon. Cynthia Bashant, Chief Judge United States District Court Case 3:26-cv-01610-BAS-DDL Document 5 Filed 03/24/26 PageID.<pageID> Page 3 of 3
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