Ledezma-Amezquita v. Noem et al

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26-CV-979 JLS (BJW)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
PEDRO LEDEZMA-AMEZQUITA,
Petitioner,
v.
KRISTI NOEM, Secretary of Homeland
Security, et al.,
Respondents.
Case No.: 26-CV-979 JLS (BJW)
ORDER GRANTING IN PART
PETITION FOR WRIT OF HABEAS
CORPUS
(ECF No. 1)
Presently before the Court is Pedro Ledezma-Amezquita’s Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Pet.,” ECF No. 1). Also before the Court
is Respondents’ Return to Petition (“Ret.,” ECF No. 4). Petitioner did not file a traverse.
See generally Docket. Petitioner, a citizen of Mexico, alleges that he has been detained by
the United States Department of Homeland Security’s (“DHS”) Immigration and Customs
Enforcement (“ICE”) division at the Otay Mesa Detention Center since February 12, 2026.
Pet. ¶ 16. 	Petitioner is a member of the Bond Eligible Class certified in Maldonado
Bautista v. Santacruz, No. 25-CV-1873-SSS-BFM, --- F. Supp. 3d ---, 2025 WL 3288403
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(C.D. Cal. Nov. 25, 2025).1 Ret. at 2. 	Because of this, Respondents “acknowledge 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).” 	Id. 	Therefore, the
Petition (ECF No. 1) is GRANTED IN PART.
I. 	Attorney’s Fees
Petitioner’s counsel still requests costs and attorney’s fees in this action pursuant to
the Equal Justice Act (“EAJA”), 28 U.S.C. § 2412. Pet. at 9. The EAJA provides in part:
A party seeking an award of fees and other expenses shall, within
thirty days of final judgment in the action, submit to the court an
application for fees and other expenses which shows that the
party is a prevailing party and is eligible to receive an award
under this subsection, and the amount sought, including an
itemized statement from any attorney . . . representing or
appearing in behalf of the party stating the actual time expended
and 	the 	rate 	at 	which 	fees 	and 	other 	expenses 	were
computed. The party shall also allege that the position of the
United States was not substantially justified. Whether or not the
position of the United States was substantially justified shall be
determined on the basis of the record . . . which is made in the
civil action for which fees and other expenses are sought.
28 U.S.C. § 2412(d)(1)(B).
The Court will consider an application requesting reasonable fees and costs under
the EAJA that is filed within thirty days of the judgment.
CONCLUSION
Based on the foregoing, the Court GRANTS IN PART Petitioner’s Petition for Writ
of Habeas Corpus (ECF No. 1), and ORDERS Respondents to provide Petitioner with an
individualized bond hearing under 8 U.S.C. § 1226(a) within fourteen (14) days.
Respondents SHALL NOT deny Petitioner’s bond on the basis that 8 U.S.C. § 1225(b)(2)
1 On December 18, 2025, the Bautista Court entered final judgment finding that the July 8, 2025, DHS
Notice redefining who is considered an “applicant for admission” under 8 U.S.C. § 1225(b)(2)(A) is
unlawful under the Administrative Procedure Act. 	Maldonado Bautista, No. 25-CV-1873-SSS-BFM,
ECF No. 94.
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requires mandatory detention. 	The Court DENIES IN PART the Petition to the extent
that Petitioner requests to be released from custody. The Parties SHALL provide a status
update as to the result of the hearing by March 20, 2026.
The Court will consider an application requesting reasonable fees and costs under
the EAJA that is filed within thirty days of the judgment. Petitioner’s attorney is directed
to submit an attorney fee application and corresponding billing records within thirty (30)
days of this Order, and Respondents are instructed to file any opposition within fourteen
(14) days of Petitioner’s attorney fee application.
IT IS SO ORDERED.
Dated: March 4, 2026
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