Martinez v. Warden Christopher LaRose

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
OSCAR LEMUS MARTINEZ,
Petitioner,
v.
CHRISTOPHER LAROSE,
Respondent.
Case No. 26-cv-00658-BAS-BLM
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
(ECF No. 1)
Petitioner Oscar Lemus Martinez entered the United States as an unaccompanied
minor in 2015. (ECF No. 1-2.) He was released from custody as he pursued his asylum
case. (ECF No. 1.) Petitioner attended all six of his court-scheduled hearings. (Id.) He
was re-detained ten years later on May 27, 2025, and received a bond hearing before an
Immigration Judge. (Id.)
On August 1, 2025, the Immigration Judge ordered Petitioner re-released on $1,500
bond. 	(ECF No. 1.) 	The Department of Homeland Security (“DHS”) appealed. (Id.)
Because of the decision by the Board of Immigration Appeals (“BIA”) in Matter of Yajure
Hurtado, 29 I. & N. Dec. 216 (BIA 2025), the BIA reversed the Immigration Judge’s bond
determination and found that Petitioner’s detention was mandatory. 	(ECF No. 1-2.)
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Petitioner now brings this petition pro se, seeking release on bond while he continues to
pursue his asylum claim. (ECF No. 1.)
The Government 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.) 	This Court has previously held in
multiple cases that it agrees with the Central District in Maldonado Bautista v. Santacruz,
__ F. Supp. 3d __, 2025 WL 3713982 (C.D. Cal. Dec. 18, 2025), that an individual in
Petitioner’s situation is not subject to mandatory detention under Section 1225. See, e.g.,
Gregorio v. LaRose, No. 25-cv-03322-BAS-BJW, 2025 WL 3653998 (S.D. Cal. Dec. 17,
2025); Zayas v. Gordon, No. 26-cv-00237-BAS-DEB, 2026 WL 266275 (S.D. Cal. Feb. 2,
2026); Trujillo v. Noem, No. 26-cv-00268-BAS-VET, 2026 WL 266496 (S.D. Cal. Feb. 2,
2026). Hence, for all of the reasons stated in these previous opinions, the Court GRANTS
the Petition.
Because Petitioner has already had a bond hearing before an Immigration Judge who
ordered that Petitioner be released on $1,500 bond, the Court finds an additional bond
hearing is not necessary. Accordingly, the Court issues the following writ:
The Court ORDERS that Petitioner Oscar Lemus Martinez (A208-756-496)
be released forthwith on $1,500 bond along with any other conditions ordered
by the Immigration Judge in his case in August 2025.
The Clerk of the Court shall close the case.
IT IS SO ORDERED.
DATED: February 12, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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