Jamalashvili v. Warden et al

1 26-cv-0961-AGS-DEB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Otar JAMALASHVILI,
Petitioner,
v.
WARDEN, IMPERIAL REGIONAL
DETENTION FACILITY, et al.,
Respondents.
Case No.: 26-cv-0961-AGS-DEB
ORDER GRANTING HABEAS
PETITION (ECF 1) AND ORDERING
BOND HEARING
Petitioner Otar Jamalashvili seeks a writ of habeas corpus under 28 U.S.C. § 2241
to free him from immigration detention. In the government’s return, it asserts that its
“position” is “that Petitioner is subject to mandatory detention under § 1225(b), because
Petitioner was present in the United States without being admitted or paroled” when he
was re-detained two years after his previous release. (ECF 8, at 2.) And the government
“incorporates by reference” its arguments about this issue from previous cases. (Id. at 4.)
To its credit, the government also “acknowledges that Courts in this District have
repeatedly reached the opposite conclusion.” (Id. at 3.) One of the government’s cited cases
for that point is this Court’s decision in Nayyer v. LaRose, No. 25-cv-3111-AGS-DDL
(S.D. Cal. Nov. 20, 2025). (See ECF 8, at 3, 4 n.2.) The Court incorporates its reasoning
from that case and concludes that Jamalashvili is detained under 8 U.S.C. § 1226(a), not
§ 1225.
Thus, the habeas petition is GRANTED. All pending hearings and deadlines are
vacated. By March 13, 2026, respondents must provide Jamalashvili a bond hearing before
an immigration judge.
Dated: February 27, 2026
___________________________
Hon. Andrew G. Schopler
United States District Judge
Case 3:26-cv-00961-AGS-DEB Document 9 Filed 02/27/26 PageID.<pageID> Page
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