Julio Oliveras v. U.S. Immigration and Customs Enforcement, et al.

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26-CV-485 JLS (MSB)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
YOSNIEL ANTONIO JULIO
OLIVARES,
Petitioner,
v.
U.S. IMMIGRATION AND CUSTOMS
ENFORCEMENT; WARDEN, Otay
Mesa Detention Center,
Respondents.
Case No.: 26-CV-485 JLS (MSB)
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
(ECF No. 4)
Presently before the Court is Yosniel Antonio Julio Olivares’s First Amended
Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Pet.,” ECF No. 4). Also
before the Court is Respondents’ Return to Habeas Petition and Notice of Non-Opposition
(“Ret.,” ECF No. 7) and Petitioner’s Traverse (“Traverse,” ECF No. 6). As Respondents
do not oppose Petitioner’s release, see Ret., the Court GRANTS the Petition and ORDERS
Respondents to immediately release Petitioner from custody subject to the conditions of
his preexisting release. 	The Court ORDERS, prior to any re-detention of Petitioner, that
Petitioner is entitled to notice of the reasons for revocation of his parole and a hearing
before a neutral decision maker to determine whether detention is warranted. 	The
government shall bear the burden of establishing, by clear and convincing evidence, that
Case 3:26-cv-00485-JLS-MSB Document 8 Filed 02/27/26 PageID.<pageID> Page
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26-CV-485 JLS (MSB)
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Petitioner poses a danger to the community or a risk of flight. The Parties are ORDERED
to file a Joint Status Report by March 20, 2026, confirming that Petitioner has been
released. 	As this concludes the litigation in this matter, the Clerk of the Court SHALL
CLOSE the file.
IT IS SO ORDERED.
Dated: February 27, 2026
Case 3:26-cv-00485-JLS-MSB Document 8 Filed 02/27/26 PageID.<pageID> Page
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