Xia v. Larose et al

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26-cv-424-RSH-VET
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
GUOCHEN XIA,
Petitioner,
v.
CHRISTOPHER J. LAROSE, Senior Warden,
Otay Mesa Detention Center, et al.,
Respondents.
Case No.: 26-cv-424-RSH-VET
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
On January 23, 2026, petitioner Guochen Xia filed a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2241 (the “Petition”). ECF No. 1. Petitioner argues, among
other things, that rather than being subject to mandatory detention under 8 U.S.C. §
1225(b), he is entitled to a bond hearing under 8 U.S.C. § 1226(a). Id. ¶¶ 112-16. The Court
thereafter issued a briefing schedule. ECF No. 2.
On February 5, 2026, Respondents filed a return acknowledging that “Petitioner is
detained under 8 U.S.C. § 1226(a) and is entitled to an order from this Court directing a
bond hearing be held pursuant to 8 U.S.C. § 1226(a).” ECF No. 4 at 2.
Accordingly, the Petition is GRANTED. Respondents are directed to arrange a bond
hearing for petitioner Guochen Xia before an immigration court pursuant to 8 U.S.C. §
1226(a) within seven (7) days of this order as described above. To the extent Petitioner
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26-cv-424-RSH-VET
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continues to seek relief following the bond hearing, he shall promptly advise the Court at
that time. If Petitioner seeks to recover fees, he must do so by noticed motion in the manner
prescribed by the Federal Rules of Civil Procedure, the Local Rules of this Court, and the
undersigned’s chambers rules. The Court VACATES the hearing date set for February 12,
2026.
IT IS SO ORDERED.
Dated: February 5, 2026
____________________
Hon. Robert S. Huie
United States District Judge
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