Aquino-Hernandez v. Noem et al

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3:26-cv-1147-JES-VET
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
TRINIDAD AQUINO-HERNANDEZ,
Petitioner,
v.
Kristi NOEM, in her official capacity as
Secretary ) of Homeland Security,
Christopher J. LAROSE, ) in his official
capacity as Warden of Otay Mesa )
Detention Center, Gregory J.
ARCHAMBEAULT, ) in his official
capacity as San Diego Field Office )
Director, ICE Enforcement Removal
Operations; ) Todd LYONS, in his official
capacity as Acting Director ) of ICE; and
Pamela BONDI, U.S. ) Attorney General;
IMMIGRATION AND ) CUSTOMS
ENFORCEMENT; DEPARTMENT OF )
HOMELAND SECURITY,
Respondents.
Case No.: 3:26-cv-1147-JES-VET
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
[ECF No. 1]
Case 3:26-cv-01147-JES-VET Document 6 Filed 03/02/26 PageID.<pageID> Page
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3:26-cv-1147-JES-VET
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Before the Court is Petitioner Trinidad Aquino-Hernandez’ Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 1. 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. 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
(2) 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.
The Clerk of Court is ORDERED to CLOSE this case.
IT IS SO ORDERED.
Dated: March 2, 2026
Case 3:26-cv-01147-JES-VET Document 6 Filed 03/02/26 PageID.<pageID> Page
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