Kirakosian v. Warden of Otay Mesa Detention Center

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26-cv-315-JO-DDL
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
NAIRA KIRAKOSIAN,
Petitioner,
v.
WARDEN OF OTAY MESA
DETENTION CENTER,
Respondent.
Case No.: 26-cv-315-JO-DDL
ORDER GRANTING THE
PETITION FOR WRIT OF HABEAS
CORPUS [DKT. 1]
Petitioner Naira Kirakosian filed a petition for writ of habeas corpus. Dkt. 1. The
Court held oral argument on February 5, 2026. For the reasons stated on the record, the
Court ORDERS as follows:
1. The Court GRANTS Petitioner’s habeas petition [Dkt. 1].
2. Respondent is ORDERED to release Petitioner by 5 p.m. on February 6, 2026.
Respondent is ORDERED to file an affidavit attesting to Petitioner’s release
by 5 p.m. on February 9, 2026.
3. Respondent may hold a bond hearing at any time but is ENJOINED from
redetaining Petitioner unless, at such bond hearing, the Government carries its
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26-cv-315-JO-DDL
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burden of proving by clear and convincing evidence that Petitioner is a danger
to the community or a flight risk that cannot reasonably be addressed by bond.
See Singh v. Holder, 638 F.3d 1996, 1203 (9th Cir. 2011). The immigration
judge must consider Petitioner’s financial circumstances and alternatives to
bond as necessary in setting conditions of release. See Hernandez v. Sessions,
872 F.3d 976, 1000 (9th Cir. 2017).
4. If Respondent plans to redetain Petitioner pursuant to the outcome of this bond
hearing, it shall first file a declaration attesting to full compliance with these
obligations. Respondent is ENJOINED from redetaining Petitioner until 48
hours after filing the declaration.
IT IS SO ORDERED.
Dated: February 5, 2026
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