Alvarado Medina v. Noem et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ANTONIO ALVARADO MEDINA,
Petitioner,
v.
KRISTI NOEM, et al.,
Respondents.
Case No. 26-cv-00687-BAS-JLB
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
(ECF No. 1)
Petitioner Antonio Alvarado Medina filed a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241. 	(ECF No. 1.) 	Petitioner, a native of Mexico, entered the
United States in 2001. (Id. ¶ 2.) Petitioner has lived peacefully in the United States since
then. 	(Id.) 	He has no criminal record. 	(Id.) 	He has three U.S. Citizen children. 	(Id.)
On December 4, 2025, Respondents detained Petitioner in the interior of the United
States. (Id. ¶ 4.) Because of the Board of Immigration Appeals (“BIA”) decision in Matter
of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025), Respondents have determined that
Petitioner’s detention is now mandatory. 	(Id. ¶ 5.) 	Petitioner filed this Petition seeking
immediate release or a constitutionally adequate bond hearing. (Id.)
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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.
Accordingly, the Court issues the following writ:
The Court ORDERS that Petitioner Antonio Alvarado Medina (A# 226-168-
510) be given a bond hearing before an Immigration Judge within 14 days of
the date of this Order. 	His bond hearing shall be governed by 8 U.S.C. §
1226(a), not § 1225(b)(2). If no bond hearing is held within that time frame,
the Court ORDERS that Petitioner be immediately released under reasonable
conditions of supervision.
The Clerk of the Court shall close the case.
IT IS SO ORDERED.
DATED: February 17, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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