3:26-cv-00779•Vikrant v. Casey et al
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- 1 - 26cv0779 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 SINGH VIKRANT, Petitioner, v. JEREMY CASEY, et al., Respondents. Case No. 26-cv-00779-BAS-MSB ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS (ECF No. 1) Petitioner Singh Vikrant filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, claiming he was improperly detained in immigration custody without bond. (ECF No. 1.) He requests that he be released immediately. (Id.) The Government responded to the Petition, arguing the Petitioner is subject to mandatory detention under 8 U.S.C. §1225(b) and Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (ECF No. 4.) Petitioner filed a Traverse. (ECF No. 5.) For the reasons stated below, the Court GRANTS the Petition and orders that Petitioner be released forthwith. // // Case 3:26-cv-00779-BAS-MSB Document 6 Filed 02/24/26 PageID.<pageID> Page 1 of 3
- 2 - 26cv0779 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 I. LEGAL STANDARD A writ of habeas corpus is “available to every individual detained within the United States.” Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004). “The traditional function of the writ is to secure release from illegal custody.” Preiser v. Rodriguez, 411 U.S. 475, 484 (1973). A court may grant a writ of habeas corpus to a petitioner who demonstrates he or she is in custody in violation of the Constitution or federal law. 28 U.S.C. § 2241(c)(3). It applies to non-citizens detained within the United States. Zadvydas v. Davis, 533 U.S. 678, 687 (2001). Since Petitioner is in custody and since he is seeking release from custody, he has standing to pursue this Petition. II. STATEMENT OF FACTS Petitioner is an asylum seeker from India. (Pet. ¶ 1, ECF No. 1.) He arrived in the United States on July 29, 2023, and was released from custody under 8 U.S.C. § 1226(a)(2)(B). (Id.) Petitioner obtained work authorization and complied with all the terms of his release. (Id. ¶ 54.) Despite no material change in circumstances, Immigration and Customs Enforcement (“ICE”) re-detained him and now claims he is subject to mandatory detention under § 1225(b) and Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Id.) Petitioner requests that he be released forthwith under the same terms and conditions as he has been under since 2023. (ECF No. 1.) III. ANALYSIS 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. // Case 3:26-cv-00779-BAS-MSB Document 6 Filed 02/24/26 PageID.<pageID> Page 2 of 3
- 3 - 26cv0779 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 IV. CONCLUSION Accordingly, the Court issues the following writ: The Court ORDERS that Singh Vikrant (A#245-068-423) be released forthwith from immigration custody under the same terms and conditions as his previous release in July 2023. IT IS SO ORDERED. DATED: February 24, 2026 Hon. Cynthia Bashant, Chief Judge United States District Court Case 3:26-cv-00779-BAS-MSB Document 6 Filed 02/24/26 PageID.<pageID> Page 3 of 3
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