3:26-cv-00961•Jamalashvili v. Warden et al
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1 26-cv-0961-AGS-DEB 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 Otar JAMALASHVILI, Petitioner, v. WARDEN, IMPERIAL REGIONAL DETENTION FACILITY, et al., Respondents. Case No.: 26-cv-0961-AGS-DEB ORDER GRANTING HABEAS PETITION (ECF 1) AND ORDERING BOND HEARING Petitioner Otar Jamalashvili seeks a writ of habeas corpus under 28 U.S.C. § 2241 to free him from immigration detention. In the government’s return, it asserts that its “position” is “that Petitioner is subject to mandatory detention under § 1225(b), because Petitioner was present in the United States without being admitted or paroled” when he was re-detained two years after his previous release. (ECF 8, at 2.) And the government “incorporates by reference” its arguments about this issue from previous cases. (Id. at 4.) To its credit, the government also “acknowledges that Courts in this District have repeatedly reached the opposite conclusion.” (Id. at 3.) One of the government’s cited cases for that point is this Court’s decision in Nayyer v. LaRose, No. 25-cv-3111-AGS-DDL (S.D. Cal. Nov. 20, 2025). (See ECF 8, at 3, 4 n.2.) The Court incorporates its reasoning from that case and concludes that Jamalashvili is detained under 8 U.S.C. § 1226(a), not § 1225. Thus, the habeas petition is GRANTED. All pending hearings and deadlines are vacated. By March 13, 2026, respondents must provide Jamalashvili a bond hearing before an immigration judge. Dated: February 27, 2026 ___________________________ Hon. Andrew G. Schopler United States District Judge Case 3:26-cv-00961-AGS-DEB Document 9 Filed 02/27/26 PageID.<pageID> Page 1 of 1
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