Case Name in Immigration Case - Unavailable

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26-cv-01350-GPC-BJW
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
RENZO MANUEL ALBERTO SOTO
MORI,
Petitioner,
v.
CHRISTOPHER J. LAROSE, Warden,
Otay Mesa Detention Center; DANIEL
A. BRIGHTMAN, Acting Field Office
Director, U.S. Immigration and Customs
Enforcement; TODD M. LYONS, Acting
Director, U.S. Immigration and Customs
Enforcement; and KRISTI NOEM,
Secretary of United States Department of
Homeland Security;
Respondents.
Case No.: 26-cv-01350-GPC-BJW
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
[ECF No. 1]
ORDER
On March 3, 2026, Petitioner filed a Petition for Writ of Habeas Corpus pursuant to
28 U.S.C. § 2241. ECF No. 1. Petitioner entered the United States in March 2023 with his
wife and young son. ECF No. 1, ¶ 1. After Petitioner presented himself at the border,
Respondents briefly detained Petitioner and released him the following day. Id. At that
time, Respondents commenced full removal proceedings against Petitioner. Id. Petitioner
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26-cv-01350-GPC-BJW
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has resided in Maryland since arriving in the United States and has attended all of his
immigration hearings in Maryland. Id. ¶ 2. Petitioner has also applied for asylum. Id.
On January 29, 2026, Petitioner was re-detained by ICE without a hearing. Id. ¶¶ 3,
24. Petitioner seeks an Order requiring his release. ECF No. 1, at 12. Respondents have
filed a notice of non-opposition to Petitioner’s release. ECF No. 3.
Accordingly, the Court ORDERS:
1. Petitioner’s Petition for Writ of Habeas Corpus is GRANTED as to Petitioner’s
requested release from custody.
2. Because Petitioner was previously released from DHS custody, Petitioner retains
a protected liberty interest in remaining out of custody. Pinchi v. Noem, 792 F.
Supp. 3d 1025, 1032 (N.D. Cal. 2025). Thus, any re-detention of Petitioner
requires (a) a pre-detention hearing and (b) a showing that Petitioner poses a
flight risk or danger to his community. Id.; Salcedo Aceros v. Kaiser, No. 25-CV-
06924-EMC (EMC), 2025 WL 2637503, *12 (N.D. Cal. Sept. 12, 2025). Because
Petitioner did not receive a pre-detention hearing and the government has
presented no evidence that Petitioner poses a flight risk or danger to the
community, Petitioner SHALL be released IMMEDIATELY from DHS
custody. Respondents SHALL NOT impose any additional restrictions on him,
such as electronic monitoring, unless that is determined to be necessary at a later
custody hearing.
3. Respondents SHALL NOT re-arrest or re-detain Petitioner absent compliance
with constitutional protections, which include, at a minimum, pre-deprivation
notice of at least seven days before a pre-deprivation hearing at which the
government will bear the burden of demonstrating by clear and convincing
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evidence that Petitioner is likely to flee or pose a danger to the community if not
detained.1
IT IS SO ORDERED.
Dated: March 10, 2026
1 In his prayer for relief, Petitioner requests an award of costs and reasonable attorney’s
fees pursuant to the Equal Access to Justice Act. ECF No. 1, at 13. That request is DENIED
without prejudice. Petitioner’s counsel may submit an appropriate EAJA fee application
within 30 days of the issuance of this Order.
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