Sarmiento Calle v. LaRose et al

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25cv3794-LL-DDL
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
LUIS HUMBERTO SARMIENTO
CALLE,
Petitioner,
v.
CHRISTOPHER LAROSE, Senior
Warden, Otay Mesa Detention Center, et
al.,
Respondents.
Case No.: 25cv3794-LL-DDL
ORDER GRANTING IN PART
PETITIONER’S HABEAS PETITION
[ECF No. 1]
Petitioner Luis Humberto Sarmiento Calle is a detainee in the custody of the U.S.
Department of Homeland Security, Immigration and Customs Enforcement. On December
28, 2025, he filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241. ECF No.
1 (“Pet.”). Petitioner is an Ecuadorian national who entered the United States without
inspection in or about 2001. Id. ¶ 1. He was apprehended on or about November 6, 2025,
in the interior of the United States and is currently detained at the Otay Mesa Detention
Center. Id. ¶¶ 1, 27. He seeks a writ of habeas corpus directing Respondents to rule in his
favor and order his immediate release or in the alternative a bond hearing. Id. ¶ 5.
On January 8, 2026, Respondents filed a Return in which they “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 to be held pursuant to 8 U.S.C. § 1226(a).” ECF No. 4 at 2.
Respondents state that “Petitioner appears to be a member of the Bond Eligible Class
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25cv3794-LL-DDL
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certified in Maldonado Bautista v. Santacruz, Case No. 5:25-cv-01873-SSS-BFM, 2025
WL 3288403 (C.D. Cal. Nov. 25, 2025).” Id.
On January 8, 2026, Petitioner filed a “Notice of Concurrence with Respondents’
Concession and Request for Prompt Issuance of Bond Hearing Order.” ECF No. 5.
Petitioner states in his January 8, 2026 filing that in light of the concession in Respondents’
Return, he “respectfully requests that the Court promptly issue an order directing that a
bond hearing be held pursuant to 8 U.S.C. § 1226(a).”
Accordingly, the Court grants Petitioner’s Petition for a bond hearing. All pending
deadlines and hearings before this Court are vacated. Respondents are directed to arrange
an individualized bond hearing for Petitioner before an immigration court within seven (7)
days of this Order.
IT IS SO ORDERED.
Dated: January 13, 2026
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