Martinez Cortes v. Noem et al

1
26-cv-404-RSH-MSB
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
PEDRO MARTINEZ CORTES,
Petitioner,
v.
KRISTI NOEM, in her official capacity as
Secretary of Homeland Security, et al.,
Respondents.
Case No.: 26-cv-404-RSH-MSB
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
On January 22, 2026, petitioner Pedro Martinez Cortes filed a petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2241 (the “Petition”). ECF No. 1. Petitioner argues
that rather than being subject to mandatory detention under 8 U.S.C. § 1225(b), he is
entitled to a bond hearing under 8 U.S.C. § 1226(a). Id. ¶ 29. The Court thereafter issued a
briefing schedule. ECF No. 2.
On February 5, 2026, Respondents filed a return acknowledging that “Petitioner is
detained under 8 U.S.C. § 1226(a) and is entitled to an order from this Court directing a
bond hearing be held pursuant to 8 U.S.C. § 1226(a).” ECF No. 4 at 2.
Accordingly, the Petition is GRANTED. Respondents are directed to arrange a bond
hearing for petitioner Pedro Martinez Cortes before an immigration court pursuant to 8
U.S.C. § 1226(a) within seven (7) days of this order as described above. To the extent
Case 3:26-cv-00404-RSH-MSB Document 5 Filed 02/05/26 PageID.<pageID> Page
1 of 2

2
26-cv-404-RSH-MSB
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
Petitioner seeks to recover fees, he must do so by noticed motion in the manner prescribed
by the Federal Rules of Civil Procedure, the Local Rules of this Court, and the
undersigned’s chambers rules. The Court VACATES the hearing date set for February 12,
2026.
IT IS SO ORDERED.
Dated: February 5, 2026
____________________
Hon. Robert S. Huie
United States District Judge
Case 3:26-cv-00404-RSH-MSB Document 5 Filed 02/05/26 PageID.<pageID> Page
2 of 2