Zhizhpon Lucero v. Bondi et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
WILSON FERNANDO ZHIZHPON
LUCERO,
Petitioner,
v.
PAMELA BONDI, et al.,
Respondents.
Case No. 26-cv-00859-BAS-SBC
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
(ECF No. 1)
Petitioner Wilson Fernando Zhizhpon Lucero 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.) 	The
Government responded 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. 7.) However,
the Government requests that the bond hearing be ordered no earlier than 14 days. 	(Id.)
For the reasons stated below, the Court GRANTS the Petition and orders that Petitioner be
given a bond hearing within 7 days.
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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, a citizen of Ecuador, has lived in Elizabeth, New Jersey, since 2020.
(ECF No. 1 ¶¶ 15, 40.) 	He has no arrests of criminal record. 	(Id. ¶ 43.) 	He has
employment, a long-term partner, and cares for his partner’s five-year-old child. (Id.) In
November 2025, Immigration and Customs Service (“ICE”) detained him while he was
walking down the street. (Id.) He has been denied a bond hearing pursuant to Matter of
Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). 	(Id.) 	Petitioner requests that he be
granted a bond hearing before an Immigration Judge pursuant to 8 U.S.C. §1226 within 7
days. (Id. ¶ 4.)
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
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
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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 Wilson
Fernando Zhizhpon Lucero 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 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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