3:26-cv-01381•Case Name in Immigration Case - Unavailable
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- 1 - 26cv1381 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 KULDEEP, No Given Name, Petitioner, v. WARDEN, et al., Respondents. Case No. 26-cv-01381-BAS-VET ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS (ECF No. 1) Petitioner Kuldeep filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, claiming he has been arbitrarily or unreasonably prolonged in custody. (ECF No. 1.) The Government files a notice of non-opposition to Petitioner’s request for a bond hearing. (ECF No. 3.) Thus, the Court GRANTS the 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 Case 3:26-cv-01381-BAS-VET Document 4 Filed 03/17/26 PageID.<pageID> Page 1 of 2
- 2 - 26cv1381 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 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, a citizen of India, entered the United States on June 29, 2019, seeking asylum. (ECF No. 1 ¶¶ 2–3.) On November 26, 2019, Petitioner was issued a Notice to Appear. (Id. ¶ 4.) It is not clear from the Petition if he was released at that time. On February 11, 2026, an Immigration Judge denied Petitioner’s asylum application. (Id. ¶ 5.) He has appealed that decision to the BIA. (Id.) On February 19, 2026, while Petitioner was stopped at a gas station, Immigration and Customs Enforcement (“ICE”) re-arrested Petitioner and found he was subject to mandatory detention under § 1225(b). Petitioner now claims that his prolonged, indefinite detention pending removal proceedings violates the Fifth Amendment. (Id. ¶ 13.) He requests an order releasing him from custody or a bond hearing before an Immigration Judge. (Id. ¶14.) Although it is not clear to the Court how long Petitioner has been in immigration custody, in light of the Government’s notice of non-opposition, the Court GRANTS the Petition as to the bond-hearing request. (ECF No. 1.) III. CONCLUSION Accordingly, the Court issues the following writ: The Court ORDERS that No Given Name Kuldeep (A# 213-493-089) be granted a bond hearing before an Immigration Judge within 14 days of today’s date. The Government has the burden at that hearing to prove by clear and convincing evidence that Petitioner is a danger to the community or a flight risk such that no amount of bond or monitoring can protect the public or ensure his appearance at future proceedings. 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 Case 3:26-cv-01381-BAS-VET Document 4 Filed 03/17/26 PageID.<pageID> Page 2 of 2
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