3:26-cv-00187•Godinez Garcia v. Casey et al
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1 26-cv-187-JES-DEB 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 MARVIN ROCAEL GODINEZ GARCIA, Petitioner, v. Jeremy CASEY, Warden, Imperial Regional Detention Center, Calexico, California; Daniel A. BRIGHTMAN, Acting Field Office Director, San Diego Office of Detention and Removal, U.S. Immigrations and Customs Enforcement; Todd M. LYONS, Acting Director, Immigration and Customs Enforcement, U.S. Department of Homeland Security; Sirce OWEN, Acting Director for Executive Office for Immigration Review; Kristi NOEM, Secretary, U.S. Department of Homeland Security; Pam BONDI, Attorney General of the United States, Respondents. Case No.: 26-cv-187-JES-DEB ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 8 U.S.C. § 2241 [ECF No. 1] Before the Court is Petitioner Marvin Rocael Godinez Garcia’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, which was filed on January 13, 2026. ECF No. 1. Pursuant to the Court’s Order to Show Cause, Respondents filed a Response to the Petition. ECF No. 4. Case 3:26-cv-00187-JES-DEB Document 7 Filed 01/22/26 PageID.<pageID> Page 1 of 2
2 26-cv-187-JES-DEB 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 Respondents acknowledged that Petitioner must be considered detained under 8 U.S.C. § 1226(a), pursuant to the final judgment entered in Maldonado Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, --- F. Supp. 3d ---, 2025 WL 3289861 (C.D. Cal. Nov. 20, 2025). Accordingly, the Court GRANTS the Petition as follows: (1) The Court ORDERS Respondents to provide Petitioner with a bond determination hearing, under 8 U.S.C. § 1226(a), within seven days of this Order. At the hearing, Respondents may not deny Petitioner bond on the basis that he is detained under 8 U.S.C. § 1225(b)(2). (2) If Respondents fail to provide Petitioner a bond hearing within the specified time period or pursuant to 8 U.S.C. § 1226(a), the Court ORDERS Petitioner’s immediate release; (3) Respondents are ORDERED to File a Notice of Compliance within five days of providing Petitioner with a bond redetermination hearing, including apprising the Court of the results of the hearing; and (4) The Clerk of Court is DIRECTED to CLOSE the suit after receipt of Respondents’ Notice. IT IS SO ORDERED. Dated: January 22, 2026 Case 3:26-cv-00187-JES-DEB Document 7 Filed 01/22/26 PageID.<pageID> Page 2 of 2
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