3:26-cv-00569•Subedi v. Noem et al
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- 1 - 26cv0569 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 SAILESH SUBEDI, Petitioner, v. KRISTI NOEM, et al., Respondents. Case No. 26-cv-00569-BAS-VET ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS (ECF No. 1) Petitioner Sailesh Subedi filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, alleging that he is unlawfully detained by Immigration and Customs Enforcement (“ICE”). (ECF No. 1.) The Government responded, and Petitioner filed a Traverse. (ECF Nos. 4, 5.) The Court then held a hearing on the Petition. For the reasons expressed at the hearing, the Court GRANTS the Petition. The Court issues the following writ and injunctive relief: The Court ORDERS that Sailesh Subedi (A#249-140-539) be released from immigration custody forthwith. The Court further enjoins ICE from re-detaining Petitioner Sailesh Subedi unless and until Respondents obtain a travel document for his removal. If Respondents intend to remove Petitioner to a third country, Respondents are ordered to provide written notice of the third country to Petitioner and Case 3:26-cv-00569-BAS-VET Document 7 Filed 02/13/26 PageID.<pageID> Page 1 of 2
- 2 - 26cv0569 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 Petitioner’s counsel. Respondents are ordered to give Petitioner and his counsel said notice at least ten days before removal to give them a meaningful opportunity to raise opposition to the third country. The Clerk of the Court is to close the case. IT IS SO ORDERED. DATED: February 13, 2026 Hon. Cynthia Bashant, Chief Judge United States District Court Case 3:26-cv-00569-BAS-VET Document 7 Filed 02/13/26 PageID.<pageID> Page 2 of 2
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