Case Name in Immigration Case - Unavailable

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
LUIS EMANUEL MORALES
CAMACHO,
Petitioner,
v.
JEREMY CASEY, et al.,
Respondents.
Case No. 26-cv-05247-BAS-JLB
ORDER GRANTING AMENDED
PETITION FOR WRIT OF HABEAS
CORPUS (ECF No. 6)
Petitioner Luis Emanuel Morales Camacho filed an Amended Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2241, requesting immediate release from
immigration custody. (ECF No. 6.) The Government does not oppose the request. (ECF
No. 12.) Petitioner files a Traverse requesting additional restrictions on future detentions.
(ECF No. 13.) For the reasons stated below, the Court GRANTS the Petition and orders
that Petitioner be released from immigration custody under the supervision of Immigration
and Customs Enforcement (“ICE”).
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
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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
An Immigration Judge ordered Petitioner removed to Cuba on June 2, 2021. (ECF
No. 8.) However, Petitioner remained released under ICE supervision presumably because
removal to Cuba was not possible at the time. On July 6, 2026, Petitioner was re-detained.
(Id.) Petitioner now argues that pursuant to Zadvydas, 533 U.S. 678, he should be released
from custody.
The Government states that it is “unable to ascertain more sufficient facts at this time
to establish that there is a significant likelihood of removal in the reasonably foreseeable
future” under Zadvydas. (ECF No. 12.) Hence, the Government “acknowledges that
Petitioner is entitled to be released from custody subject to conditions of supervision.” (Id.)
Petitioner files a Traverse asking the Court to place additional restrictions on ICE’s
ability to detain him in the future. With one exception, the Court declines to adopt these
restrictions. It is presumed that ICE will follow the law and the Constitution in any future
re-detentions, and Petitioner may re-raise the issue if ICE fails to do so. However, the Court
does order that, before Petitioner is removed to any country other than Cuba, he be given
notice and an opportunity to be heard. Hence, the Court GRANTS the Amended Petition.
III. 	CONCLUSION
Accordingly, the Court issues the following writ:
The Court ORDERS 	that Luis Emanuel Morales Camacho be released from
immigration custody forthwith subject to supervision under the standard conditions
authorized by 8 U.S.C. § 1231(a)(3). In addition, DHS is ordered not to remove
Petitioner to a third country without notice and a reasonable opportunity for
Petitioner to be heard on his proposed removal to that country.
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The Clerk of Court shall close the case.
IT IS SO ORDERED.
DATED: October 13, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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