Munoz Juarez v. Casey et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JORGE MUNOZ JUAREZ,
Petitioner,
v.
JEREMY CASEY, et al.,
Respondents.
Case No. 26-cv-00827-BAS-BJW
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 Jorge Munoz Juarez filed a Petition for Writ of Habeas Corpus pursuant
to 28 U.S.C. § 2241, claiming he was improperly denied a bond hearing. (ECF No. 1.) He
requests that he be granted a bond hearing within 7 days. (Id.) He simultaneously filed an
Ex Parte Emergency Temporary Restraining Order (“TRO”) with the same request. (ECF
No. 2.) 	The Court denied the ex parte TRO but instead indicated it would consider a
Motion for Injunctive Relief under Rule 65(a). (ECF No. 3.) The Court ordered briefing
on the Petition, providing notice to the parties that it intended to consolidate the Motion for
Injunctive Relief with a determination on the merits under Rule 65(a)(2). (Id.)
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The Government filed a Response to the Petition, agreeing with Petitioner and
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. 5.) 	For the reasons stated below, the Court GRANTS the Petition and orders
that Petitioner be given a bond hearing within 7 days. In light of this Order, the Court finds
the request for a TRO (ECF No. 2) to be MOOT.
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
Immigration and Customs Enforcement (“ICE”) detained Petitioner on December 7,
2025. (ECF No. 1 ¶ 4.) He had entered the United States without inspection nearly thirty
years ago and was not apprehended upon arrival. (Id. ¶ 4b.) 	An Immigration Judge has
denied Petitioner a bond hearing pursuant to Matter of Yajure Hurtado, 29 I. & N. Dec.
216 (BIA 2025). (Id. ¶ 6.) Petitioner requests that he be granted a bond hearing before an
Immigration Judge pursuant to 8 U.S.C. § 1226. (ECF No. 1.)
III. 	ANALYSIS
The Central District of California has certified a class of which Petitioner is a
member and essentially overruled Yajure Hurtado. Maldonado Bautista v. Santacruz, __
F. Supp. 3d __, 2025 WL 3713982 (C.D. Cal. Dec. 18, 2025). This Court has previously
held in multiple cases that it agrees with the Central District in Maldonado Bautista that an
individual in Petitioner’s situation is not subject to mandatory detention under Section
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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.
IV. 	CONCLUSION
Accordingly, the Court issues the following writ:
The Court ORDERS a bond hearing before an Immigration Judge for Jorge
Munoz-Juarez (A# 246-057-157) within 7 days of the date of this Order. The
bond hearing shall be governed by 8 U.S.C. § 1226(a), not § 1225(b)(2). If
no bond hearing is held within 7 days, Petitioner is ordered released forthwith.
The Court further DENIES the Motion for a Temporary Restraining Order (ECF No. 2) as
MOOT. The Clerk of Court shall close the case.
IT IS SO ORDERED.
DATED: February 24, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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