Cortes-Beltran v. Divver et al

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3:25-cv-3846-CAB-DEB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ELBER MATEO CORTES-BELTRAN,
Petitioner,
v.
PATRICK DIVVER, et al.,
Respondents.
Case No.: 3:25-cv-3846-CAB-DEB
ORDER REQUIRING BOND
HEARING
On December 31, 2025, Petitioner Elber Mateo Cortes-Beltran filed a petition for a
writ of habeas corpus pursuant to 8 U.S.C. § 2241. [Doc. No. 1 (“Petition”).] Petitioner
states that he is a Colombian citizen who entered the United States without inspection on
September 20, 2023. 	[Id. at 3, 5.] 	He was arrested on November 13, 2025 by the
Department of Homeland Security and has remained in immigration detention at Otay
Mesa Detention Center since then. 	[Id. at 3–4.] 	Petitioner argues that he should be
classified as detained pursuant to 8 U.S.C. § 1226(a), which would entitle him to an
individualized bond hearing before an immigration judge, rather than 8 U.S.C. § 1225(b),
which does not. [Id. at 6–7.]
After arguing in their initial response, [Doc. No. 4], that Petitioner is not a member
of the “Bond Eligible Class” certified in Maldonado Bautista v. Santacruz, No. 5:25-cv-
1873-SSS-BFM, --- F. Supp. 3d ---, 2025 WL 3289861 (C.D. Cal. Nov. 20, 2025),
Case 3:25-cv-03846-CAB-DEB Document 7 Filed 01/26/26 PageID.<pageID> Page
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3:25-cv-3846-CAB-DEB
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Respondents now concede that he is part of the class and is thus entitled to a bond hearing
pursuant to 8 U.S.C. § 1226(a). [Doc. No. 6.]
Accordingly, 	the 	Court 	ORDERS 	Respondents 	to 	provide 	Petitioner 	an
individualized bond hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a)
and its associated regulations within 14 days of the date of this order. 	Respondents are
further ORDERED to notify this Court on the status of Petitioner’s bond hearing by
February 11, 2026.
It is SO ORDERED.
Dated: January 26, 2026
Case 3:25-cv-03846-CAB-DEB Document 7 Filed 01/26/26 PageID.<pageID> Page
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