3:26-cv-00727•Aguilar Carreon v. Larose et al
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- 1 - 26cv0727 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 LUIS ALBERTO AGUILAR CARREON, Petitioner, v. CHRISTOPHER LAROSE, et al., Respondents. Case No. 26-cv-00727-BAS-SBC ORDER GRANTING IN PART PETITION FOR WRIT OF HABEAS CORPUS (ECF No. 1) Petitioner Luis Alberto Aguilar Carreon filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) Petitioner was detained inside the United States after living here for seven years. (Id. ¶ 13.) An Immigration Judge (“IJ”) has ruled Petitioner’s detention is mandatory under 8 U.S.C. § 1225 because of the Board of Immigration Appeals (“BIA”) decision in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Id. ¶ 13.) Petitioner filed this Petition seeking immediate release. (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.) Case 3:26-cv-00727-BAS-SBC Document 5 Filed 02/17/26 PageID.<pageID> Page 1 of 2
- 2 - 26cv0727 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 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 in part. Petitioner requests immediate release. Instead, the Court finds it appropriate to order Respondents to hold a bond hearing to determine under what conditions Petitioner could be released. Accordingly, the Court issues the following writ: The Court ORDERS that Petitioner Luis Alberto Aguilar Carreon 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 Case 3:26-cv-00727-BAS-SBC Document 5 Filed 02/17/26 PageID.<pageID> Page 2 of 2
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