3:26-cv-01118•Sun v. Marrero et al
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1 26-cv-1118-RSH-MMP 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 YAOHUI SUN, Petitioner, v. SIXTO MARRERO, Facility Administrator, Imperial Regional Detention Facility, et al., Respondents. Case No.: 26-cv-1118-RSH-MMP ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS [ECF No. 2] On February 20, 2026, petitioner Yaohui Sun filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (the “Petition”) and thereafter filed a motion for a temporary restraining order (“TRO”). ECF Nos. 1, 2. Petitioner argues that rather than being subject to mandatory detention under 8 U.S.C. § 1225(b), he is entitled to a bond hearing under 8 U.S.C. § 1226(a). Id. ¶¶ 24, 38. On March 5, 2026, Respondents filed a return 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 at 2. // // Case 3:26-cv-01118-RSH-MMP Document 6 Filed 03/05/26 PageID.<pageID> Page 1 of 2
2 26-cv-1118-RSH-MMP 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 Accordingly, the Petition is GRANTED. Respondents are directed to arrange a bond hearing for petitioner Yaohui Sun before an immigration court pursuant to 8 U.S.C. § 1226(a) within seven (7) days of this order. The Court declines to issue further declaratory or injunctive relief at this time. To the extent Petitioner seeks to recover attorneys’ fees, he must make such request by noticed motion in a manner provided by the Local Rules of this Court and the undersigned’s pretrial civil procedures. In light of the relief granted herein, Petitioner’s application for a temporary restraining order [ECF No. 2] is DENIED as moot. The hearing set for March 19, 2026 is VACATED. IT IS SO ORDERED. Dated: March 5, 2026 ____________________ Hon. Robert S. Huie United States District Judge Case 3:26-cv-01118-RSH-MMP Document 6 Filed 03/05/26 PageID.<pageID> Page 2 of 2
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