Grosso v. Warden, Otay Mesa Detention Center et al

3:26-cv-00396Casd5 mar 2026

Testo completo

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26-cv-396-CAB-MMP
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ALVARO MATIAS GROSSO,
Petitioner,
v.
CHRISTOPHER LAROSE, et al.,
Respondents.
Case No.: 26-cv-396-CAB-MMP
ORDER:
(1) DENYING MOTION TO
ENFORCE HABEAS BOND
ORDER, [Doc. No. 8];
(2) DENYING MOTION TO NOTIFY
COURT, [Doc. No. 6]; and
(3) CLOSING CASE.
This Court previously ordered Respondents to provide Petitioner a bond hearing.
[Doc. No. 4.] Petitioner received a bond hearing on February 12, 2026; the Immigration
Judge denied bond finding Petitioner was a danger to the community and a flight risk.
[Doc. No. 7.] 	Petitioner has now filed two motions “to notify the Court that the
Immigration Judge failed to comply with this Court’s bond order” and to ask the Court to
enforce the order for a bond hearing, order a new bond hearing, or order Petitioner’s
release. [Doc. Nos. 6, 8.]
Case 3:26-cv-00396-CAB-MMP Document 9 Filed 03/05/26 PageID.<pageID> Page
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Petitioner received a bond hearing, as the Court ordered. Petitioner’s objections to
the Immigration Judges findings and decision are premature. 	As the Ninth Circuit has
explained, “[Petitioner] pursued habeas review of the IJ’s adverse bond determination
before appealing to the BIA. This short cut was improper. 	[Petitioner] should have
exhausted administrative remedies by appealing to the BIA before asking the federal
district court to review the IJ’s decision.” 	Leonardo v. Crawford, 646 F.3d 1157, 1160
(9th Cir. 2011).
The Court therefore DENIES the pending motions. [Doc. Nos. 6, 8.] The Clerk of
the Court shall close the case.
It is SO ORDERED.
Dated: March 5, 2026
Case 3:26-cv-00396-CAB-MMP Document 9 Filed 03/05/26 PageID.<pageID> Page
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