Moradi v. Divver et al

1 26-cv-0968-AGS-BLM
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Jamshid MORADI,
Petitioner,
v.
Patrick DIVVER, et al.,
Respondents.
Case No.: 26-cv-0968-AGS-BLM
ORDER REQUIRING RETURN
Petitioner Jamshid Moradi seeks a writ of habeas corpus under 28 U.S.C. § 2241 to
free him from immigration detention. At this stage, he need only make out a claim that is
sufficiently cognizable to warrant an answer or return. See Rules Governing Section 2254
Cases in the United States District Courts, Rule 4 (authorizing summary dismissal “if it
plainly appears from the petition and any attached exhibits that the petitioner is not entitled
to relief”); id., Rule 1(b) (permitting application of Rules Governing Section 2254 Cases
to any “habeas corpus petition”). In this context, the relevant federal rules permit “summary
dismissal of claims that are clearly not cognizable.” Neiss v. Bludworth, 114 F.4th 1038,
1045 (9th Cir. 2024) (cleaned up). But “as long as a petition has any potential merit, it is
not so frivolous or incredible as to justify summary dismissal[.]” Id.
In March 2025, Moradi, “a native and citizen of Iran,” “entered the United States”
“without inspection,” “immediately presented himself to Immigration Officials,” and “was
detained.” (ECF 1, at 5.) He argues that his detention since that day “under 8 U.S.C.
§ 1225(b)”—for “more than 11 months,” “without an individualized bond hearing”—
“violates due process.” (Id. at 2.)
This challenge warrants an answer. Some courts have concluded that prolonged
detention can violate due process even for those subject to mandatory detention under
8 U.S.C. § 1225(b). See, e.g., Kydyrali v. Wolf, 499 F. Supp. 3d 768, 772 (S.D. Cal. 2020)
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2 26-cv-0968-AGS-BLM
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(“[T]he Court joins the majority of courts across the country in concluding that an
unreasonably prolonged detention under 8 U.S.C. § 1225(b) without an individualized
bond hearing violates due process.”). So, by February 23, 2026, the government must
answer. Any reply by the petitioner is due February 27, 2026, and the Court will hold a
hearing on March 3, 2026, at 1:00 p.m.
Dated: February 18, 2026
___________________________
Hon. Andrew G. Schopler
United States District Judge
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