Abhishek v. Warden of Imperial Regional Detention Facility et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ABHISHEK ABHISHEK,
Petitioner,
v.
WARDEN OF IMPERIAL REGIONAL
DETENTION FACILITY, et al.,
Respondents.
Case No. 26-cv-00713-BAS-VET
ORDER:
(1) 	GRANTING PETITION FOR
WRIT OF HABEAS CORPUS
(ECF No. 1); AND
(2) 	DENYING AS MOOT MOTION
FOR INJUNCTIVE
RELIEF (ECF No. 2)
Petitioner Abhishek Abhishek filed a Petition for Writ of Habeas Corpus pursuant
to 28 U.S.C. § 2241. (ECF No. 1.) Petitioner, a native of India, entered the United States
on March 5, 2023. (Id. ¶ 2.) 	Petitioner has no criminal record. (Id. ¶ 3.) He applied for
asylum, 	and 	he 	has 	appeared 	for 	all 	his 	immigration 	hearings. 	(Id. 	¶¶ 	61–62.)
On December 9, 2025, Respondents arrested Petitioner. (Id. ¶ 21.) 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
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mandatory under 8 U.S.C. § 1225. 	(Id. ¶¶ 64–65.) 	Petitioner filed this Petition seeking
immediate release or a constitutionally adequate bond hearing. (ECF No. 1.)
Petitioner simultaneously filed a Motion for a Temporary Restraining Order seeking
a stay of removal proceedings until this Petition could be adjudicated. (ECF No. 2.) The
Court denied ex parte relief on the Motion for the Temporary Restraining Order. 	(ECF
No. 3.) 	It indicated it would consider the Motion for Injunctive Relief after giving
Respondents an opportunity to respond. 	(Id.) 	The Court further provided notice that it
would consolidate the Motion for Injunctive Relief with a determination on the merits of
the Petition under Rule 65(a)(2). (Id.)
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 Abhishek Abhishek (A# 246-756-506)
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.
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In light of this Court’s order granting the Petition, the Court DENIES AS MOOT
the Motion for Injunctive Relief (ECF No. 2). 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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