Rojo Silvestre v. Casey et al

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3:26-cv-0999-JES-JLB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
GASPAR SALVADOR ROJO
SILVESTRE,
Petitioner,
v.
JEREMY CASEY, Warden, Imperial
Regional Detention Center; GREGORY
ARCHAMBEAULT, San Diego Field
Office Director, Immigration and Customs
Enforcement and Removal Operations
(ICE/ERO); TODD LYONS, Acting
Director for United States Immigration
and Customs Enforcement; KRISTI
NOEM, Secretary, U.S. Department of
Homeland Security; PAMELA BONDI,
Attorney General of the United States in
official capacities,
Respondents.
Case No.: 3:26-cv-0999-JES-JLB
ORDER:
(1) FOR BOND HEARING; and
(2) DENYING AS MOOT THE
MOTION FOR TEMPORARY
RESTRAINING ORDER
[ECF Nos. 1, 2, 5]
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Case 3:26-cv-00999-JES-JLB Document 8 Filed 02/25/26 PageID.<pageID> Page
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3:26-cv-0999-JES-JLB
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Before the Court is Petitioner Gaspar Salvador Rojo Silvestre’s (“Petitioner”): (1)
Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241; and (2) Motion for a
Temporary Restraining Order (“TRO”). ECF Nos. 1-2.
Pursuant to the Court’s OSC order, Respondents filed a Response. ECF No. 5. In the
Response, Respondents acknowledged that Petitioner must be considered detained under 8
U.S.C. § 1226(a), pursuant to the final judgment entered in Maldonado Bautista v.
Santacruz, No. 5:25-CV-01873-SSS-BFM, --- F. Supp. 3d ---, 2025 WL 3289861 (C.D.
Cal. Nov. 20, 2025). Accordingly, the Court GRANTS IN PART the Petition as follows:
(1) 	The Court ORDERS Respondents to provide Petitioner with a bond
determination hearing under 8 U.S.C. § 1226(a) within ten days of this
Order, 	or 	otherwise 	release 	him 	from 	custody, 	under 	the 	same
conditions that existed before his detention.
(2) 	At the hearing, Respondents may not deny Petitioner bond on the basis
that he is detained under 8 U.S.C. § 1225(b)(2); and
(3) 	Respondents are ORDERED to FILE a Notice of Compliance within
five days of providing Petitioner with a bond redetermination hearing,
including apprising the Court of the results of the hearing.
(4) 	As Petitioner’s sought-after relief, a bond determination hearing, was
granted, the Court DENIES AS MOOT the Motion for Restraining
Order; and
(5) 	The Clerk of Court is DIRECTED to CLOSE this case.
IT IS SO ORDERED.
Dated: February 25, 2026
Case 3:26-cv-00999-JES-JLB Document 8 Filed 02/25/26 PageID.<pageID> Page
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