Pacheco v. Larose et al

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26cv0498-LL-KSC
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
FRANCISCO ROBLEDO PACHECO,
Petitioner,
v.
CHRISTOPHER J. LAROSE, in his
official capacity as Warden of Otay Mesa
Detention Center; et al.,
Respondents.
Case No.: 26cv0498-LL-KSC
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
PURSUANT TO 28 U.S.C. § 2241
[ECF No. 1]
Before the Court is Petitioner Robledo Pacheco’s Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241. ECF No. 1 (“Pet.”). Respondents filed a Response in which
they acknowledge that (1) Petitioner is a member of the Bond Eligible Class certified in
Maldonado 	Bautista 	v. 	Santacruz, 	No. 	5:25-cv-01873-SSS-BFM,
2025 WL 3288403 (C.D. Cal. Nov. 25, 2025); (2) a final judgment has been entered as to
the Bond Eligible Class; and (3) per the entry of final judgment, 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. 6; 	Maldonado Bautista v. Noem,
/ / /
/ / /
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26cv0498-LL-KSC
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No. 5:25-CV-01873-SSS-BFM, 2025 WL 3678485, at *1 (C.D. Cal. Dec. 18, 2025)
(entering final judgment for members of the Bond Eligible Class).1
Accordingly, the Court ORDERS as follows:
1. 	Petitioner’s Petition for Writ of Habeas Corpus is GRANTED. 2
2. 	Respondents shall provide Petitioner with an individualized bond hearing
before an immigration judge pursuant to 8 U.S.C. § 1226(a) within seven (7) days of the
date of this order. The Court notes that Matter of Yajure Hurtado, 29 I. & N. Dec. 216
(BIA 2025), has been vacated as contrary to law under the Administrative Procedure Act,
and cannot be invoked to decline jurisdiction by the immigration judge. Bautista v.
Santacruz, No. 5:25-CV-01873-SSS-BFM, 2026 WL 468284, at *10 (C.D. Cal. Feb. 18,
2026).3
3. 	The Clerk of Court shall enter judgment in Petitioner’s favor and close this
case.
IT IS SO ORDERED.
Dated: February 20, 2026
1 Subsequent to entry of judgment, the respondents in Maldonado Bautista filed a Notice
of Appeal. However, the Ninth Circuit has held the filing of an appeal does not suspend
the preclusive effect of a lower court judgment. Hawkins v. Risley, 984 F.2d 321, 324
(9th Cir. 1993) (citations omitted).
2 In the Petition’s prayer for relief [Pet. at 17], Petitioner requests attorney’s fees and costs
under the Equal Access to Justice Act, which the Court DENIES without prejudice.
3 This addresses Petitioner’s concern that a new bond hearing would be denied due to the
continued reliance of immigration judges on Matter of Yajure Hurtado. ECF No. 7.
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