Case Name in Immigration Case - Unavailable

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JOHN EMMANUEL VICTORIO
CARVAJAL,
Petitioner,
v.
KRISTI NOEM, et al.,
Respondents.
Case No. 26-cv-01281-BAS-MMP
ORDER GRANTING AMENDED
PETITION FOR WRIT OF HABEAS
CORPUS (ECF No. 5)
Petitioner John Emmanuel Victorio Carvajal filed an Amended Habeas Petition
pursuant to 28 U.S.C. § 2241: (1) claiming Immigration and Customs Enforcement (“ICE”)
violated its own regulations when it re-detained him, (2) requesting release under
supervision, and (3) requesting notice and an opportunity to be heard before removal to a
third country. (ECF No. 5.)
The Government filed a response that “prior orders from this District” have directed
“bond hearings pursuant to 8 U.S.C. § 1226(a),” and thus the Government does not oppose
a bond hearing. (ECF No. 7.) 	The Government is silent on Petitioner’s request for notice
and an opportunity to be heard before removal to a third country. 	Thus, the Court
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GRANTS the Amended Petition and orders that Petitioner be granted a bond hearing as
indicated below.
I. 	LEGAL STANDARD
A writ of habeas corpus is “available to every individual detained within the United
States.” 	Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004). 	“The traditional function of the
writ is to secure release from illegal custody.” 	Preiser v. Rodriguez, 411 U.S. 475, 484
(1973). A court may grant a writ of habeas corpus to a petitioner who demonstrates he or
she is in custody in violation of the Constitution or federal law. 28 U.S.C. § 2241(c)(3). It
applies to non-citizens detained within the United States. Zadvydas v. Davis, 533 U.S. 678,
687 (2001). Since Petitioner is in custody and since he is seeking release from custody, he
has standing to pursue this Petition.
II. 	ANALYSIS
Petitioner came to the United States from the Philippines in 1993 when he was 14
years old. (ECF No. 5.) His father, a United States citizen, had obtained him a green card.
(Id.) 	In 2018, Petitioner was convicted of a state felony and served two years in state
custody. 	On December 17, 2020, Petitioner was ordered removed to the Philippines but
granted a deferral of removal. 	(Id.) 	Because the Department of Homeland Security
(“DHS”) was unable to remove him to the Philippines, Petitioner was released on
supervision. (Id.)
In October 2025, Petitioner was again arrested on state charges. (Id.) He was turned
over to ICE custody on November 4, 2025. (Id.) Two days later, on November 6, 2025,
ICE served Petitioner a Notice that his release was being revoked because he had violated
the conditions of his previous release; that is, he had received numerous criminal violations.
(Id.) 	The Notice further said that Petitioner would receive an informal interview, but he
has never been afforded one. (Id.)
The Government seems to be under the impression that Petitioner is entitled to a
bond hearing under 8 U.S.C. § 1226(a). (ECF No. 7.) However, Petitioner’s case is post-
removal-order, so he is subject to detention under § 1231(a)(2)(A), which requires the
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Attorney General to detain an individual subject to a removal order for 90 days. Id. Once
90 days have elapsed, the alien may be released on conditions. Id.
Since the Government does not appear to oppose the request for a bond hearing and
since Petitioner has been in custody post-removal longer than 90 days, the Court finds it
appropriate to refer Petitioner for a bond hearing. In addition, for all the reasons stated in
the Petition, the Court ORDERS the Government to provide notice to Petitioner and an
opportunity to be heard before he is removed to a third country.
III. 	CONCLUSION
Accordingly, the Court issues the following writ:
The Court ORDERS that John Emmanuel Victorio Carvajal (A# 044-070-
857) be granted a bond hearing before an Immigration Judge within 14 days
of today’s date. In addition, the Court ORDERS the Government to provide
Petitioner with notice and an opportunity to be heard before removing him to
a third country.
The Clerk of the Court shall close the case.
IT IS SO ORDERED.
DATED: March 17, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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