3:26-cv-01052•Reyes Guerrero v. Casey et al
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1 26cv1052-LL-SBC 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 JUAN CARLOS REYES GUERRERO, Petitioner, v. JEREMY CASEY, WARDEN OF IMPERIAL REGIONAL DETENTION FACILITY, ET AL., Respondents. Case No.: 26cv1052-LL-SBC ORDER GRANTING IN PART PETITION FOR WRIT OF HABEAS CORPUS [ECF No. 1] Presently before the Court is Petitioner Juan Carlos Reyes Guerrero’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241. ECF No. 1 (“Pet.”). Petitioner seeks a writ of habeas corpus directing Respondents to release him from custody or at a minimum, a prompt and constitutionally adequate bond hearing under 8 U.S.C. § 1226(a). Id. ¶ 5. Respondents failed to file a Return by the Court-issued deadline of February 25, 2026 at 4:30 p.m. ECF No. 2; see Docket. On February 27, 2026, Petitioner filed a Traverse and Case 3:26-cv-01052-LL-SBC Document 5 Filed 03/02/26 PageID.<pageID> Page 1 of 3
2 26cv1052-LL-SBC 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 stated that in light of Respondents’ failure to file a Return, “Petitioner respectfully requests that the Court rule on the pending Petition and grant appropriate relief.” ECF No. 3. On March 1, 2026, Respondents filed a late-filed Return (ECF No. 4) in which they acknowledge that (1) Petitioner is a member of the Bond Eligible Class certified in Maldonado Bautista v. Santacruz, No. 5:25-cv-01873-SSS-BFM, 2025 WL 3288403 (C.D. Cal. Nov. 25, 2025); (2) a final judgment has been entered as to the Bond Eligible Class; and (3) per the entry of final judgment, 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. 6; Maldonado Bautista v. Noem, No. 5:25-CV-01873-SSS-BFM, 2025 WL 3678485, at *1 (C.D. Cal. Dec. 18, 2025) (entering final judgment for members of the Bond Eligible Class).1 Accordingly, the Court ORDERS as follows: 1. Petitioner’s Petition for Writ of Habeas Corpus is GRANTED IN PART. 2. Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a) within seven (7) days of the date of this order. The Court notes that Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025), has been vacated as contrary to law under the Administrative Procedure Act, and cannot be invoked to decline jurisdiction by the immigration judge. Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, 2026 WL 468284, at *10 (C.D. Cal. Feb. 18, 2026). / / / / / / / / / 1 Subsequent to entry of judgment, the respondents in Maldonado Bautista filed a Notice of Appeal. However, the Ninth Circuit has held the filing of an appeal does not suspend the preclusive effect of a lower court judgment. Hawkins v. Risley, 984 F.2d 321, 324 (9th Cir. 1993) (citations omitted). Case 3:26-cv-01052-LL-SBC Document 5 Filed 03/02/26 PageID.<pageID> Page 2 of 3
3 26cv1052-LL-SBC 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 3. The Clerk of Court shall enter judgment in Petitioner’s favor and close this case. IT IS SO ORDERED. Dated: March 2, 2026 Case 3:26-cv-01052-LL-SBC Document 5 Filed 03/02/26 PageID.<pageID> Page 3 of 3
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