3:26-cv-01549•Case Name in Immigration Case - Unavailable
Full text
1 3:26-cv-1549-JES-BLM 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 HUAMEI CHEN Petitioner, v. WARDEN OF THE OTAY MESA DETENTION CENTER; GREGORY ARCHAMBEAULT, ACTING FIELD OFFICE DIRECTOR FOR ENFORCEMENT AND REMOVAL OPERATIONS AT THE SAN DIEGO FIELD OFFICE; PAM BONDI, ATTORNEY GENERAL, UNITED STATES DEPARTMENT OF JUSTICE; KRISTI NOEM, SECRETARY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY; TODD LYONS, ACTING DIRECTOR OF UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT; AND DOES 1-5, Respondents. Case No.: 3:26-cv-1549-JES-BLM ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 [ECF No. 1] // // Case 3:26-cv-01549-JES-BLM Document 4 Filed 03/20/26 PageID.<pageID> Page 1 of 3
2 3:26-cv-1549-JES-BLM 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 Before the Court is Petitioner Huamei Chen’s (“Petitioner”) Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 1, (“Pet.”). Pursuant to the Court Order to Show Cause, Respondents (the” Government”) filed the Response, in which expressed its non-opposition to Petitioner’s immediate release. ECF No. 3 at 1-2. For the reasons stated below, the Court GRANTS the Petition. Petitioner, a Chinese national, was recently re-detained by Respondents, without first providing her with notice and an opportunity to be heard. Pet. ¶ 15. Petitioner remains in custody to date at the Otay Mesa Detention Center. Pet. at 1. Petitioner alleges that Respondents have previously apprehended her and subsequently “placed [her] on order of recognizance and released on parole.” Id. ¶ 1. This Court has previously held that such conduct by the Government, results in a noncitizen’s acquisition of a liberty interest in remaining out of immigration custody. See Machado v. Dir. of Otay Mesa Det. Ctr., No. 25-CV-3277-JES-JLB, 2026 WL 125618, at * 6 (S.D. Cal. Jan. 16, 2026). As this Petition raises the same issues discussed in Machado, the Court adopts its reasoning and incorporates it by reference. 2026 WL 125618. Accordingly, the Court finds that the jurisdiction stripping provisions of 8 U.S.C. § 1252 do not strip it of jurisdiction to hear Petitioner’s claims. The Government does not contest Petitioner’s allegation or request for release. The Court, therefore, finds that Petitioner acquired a liberty interest in remaining out of immigration custody when Respondents previously granted her conditional parole, under 8 U.S.C. § 1226. released by Respondents. The Court finds, further, that by re-detaining her, Respondents’ revoked Petitioner’s parole, without providing her with notice or an opportunity to be heard—before doing so, and violated her due process rights. As a result, the Court ORDERS the following: (1) The Court GRANTS Petitioner's writ of habeas corpus pursuant to 28 U.S.C. § 2241; // // Case 3:26-cv-01549-JES-BLM Document 4 Filed 03/20/26 PageID.<pageID> Page 2 of 3
3 3:26-cv-1549-JES-BLM 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 (2) Respondents are ORDERED to IMMEDIATELY release Petitioner from custody, subject to any conditions of her preexisting conditional parole; (3) The Parties are ORDERED to file a Joint Status Report on or before March 24, 2026, confirming that Petitioner has been released; and (4) The Clerk of Court is DIRECTED to CLOSE this case. IT IS SO ORDERED. Dated: March 20, 2026 Case 3:26-cv-01549-JES-BLM Document 4 Filed 03/20/26 PageID.<pageID> Page 3 of 3
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.