Domingo Martin v. Divver et al

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26-cv-0434-JES-VET
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
NICOLAS DOMINGO MARTIN,
Petitioner,
v.
PATRICK DIVVER, San Diego Field
Office Director, Immigration and Customs
Enforcement and Removal Operation
(“ICE/ERO”); TODD LYONS, Acting
Director of Immigration and Customs
Enforcement (“ICE”); KRISTI NOEM,
Secretary of the Department of Homeland
Security (“DHS”); PAMELA BONDI,
Attorney General of the United States; in
their official capacities; U.S.
IMMIGRATION AND CUSTOMS
ENFORCEMENT; U.S. DEPARTMENT
OF HOMELAND SECURITY (“DHS”);
and EXECUTIVE OFFICE FOR
IMMIGRATION REVIEW,
Respondents.
Case No.: 26-cv-0434-JES-VET
ORDER FOR BOND HEARING
[ECF No. 1]
Before the Court is Petitioner Nicolas Domingo Martin’s Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2241 (“Petition”) and Motion for a Temporary Restraining
Order (“TRO”). ECF Nos. 1, 2. Both the Petition and the motion for TRO were filed on
Case 3:26-cv-00434-JES-VET Document 8 Filed 01/30/26 PageID.<pageID> Page
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26-cv-0434-JES-VET
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January 23, 2026. Id. Pursuant to the Court’s OSC order, Respondents filed a response.
ECF No. 6. In the response, Respondents acknowledged that Petitioner must be considered
detained under 8 U.S.C. § 1226(a), pursuant to the final judgment entered in Maldonado
Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, --- F. Supp. 3d ---, 2025 WL
3289861 (C.D. Cal. Nov. 20, 2025). Id. at 2. Accordingly, the Court GRANTS IN PART
the petition as follows:
(1) The Court ORDERS Respondents to provide Petitioner with a bond determination
hearing under 8 U.S.C. § 1226(a) within ten days of this Order. At the hearing,
Respondents may not deny Petitioner bond on the basis that she is detained under 8
U.S.C. § 1225(b)(2); and
(2) Respondents are ORDERED to File a Notice of Compliance within five days of
providing Petitioner with a bond redetermination hearing, including apprising the
Court of the results of the hearing.
Pending the status report, the Court will hold in abeyance the merits of the remainder
of the relief Petitioner requests in his petition.
IT IS SO ORDERED.
Dated: January 30, 2026
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