Aguilar Carreon v. Larose et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
LUIS ALBERTO AGUILAR CARREON,
Petitioner,
v.
CHRISTOPHER LAROSE, et al.,
Respondents.
Case No. 26-cv-00727-BAS-SBC
ORDER GRANTING IN PART
PETITION FOR WRIT OF HABEAS
CORPUS (ECF No. 1)
Petitioner Luis Alberto Aguilar Carreon filed a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241. 	(ECF No. 1.) 	Petitioner was detained inside the United
States after living here for seven years. (Id. ¶ 13.) An Immigration Judge (“IJ”) has ruled
Petitioner’s detention is mandatory under 8 U.S.C. § 1225 because of the Board of
Immigration Appeals (“BIA”) decision in Matter of Yajure Hurtado, 29 I. & N. Dec. 216
(BIA 2025). (Id. ¶ 13.) Petitioner filed this Petition seeking immediate release. (ECF No.
1.)
The Government filed a Return acknowledging “that Petitioner is detained under
8 U.S.C. § 1226(a) and is entitled to an order from this Court directing a bond hearing be
held pursuant to 8 U.S.C. § 1226(a).” (ECF No. 4.)
Case 3:26-cv-00727-BAS-SBC Document 5 Filed 02/17/26 PageID.<pageID> Page
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This Court has previously held in multiple cases that it agrees with the Central
District in Maldonado Bautista v. Santacruz, __ F. Supp. 3d __, 2025 WL 3713982 (C.D.
Cal. Dec. 18, 2025), that an individual in Petitioner’s situation is not subject to mandatory
detention under Section 1225. See, e.g., Gregorio v. LaRose, No. 25-cv-03322-BAS-BJW,
2025 WL 3653998 (S.D. Cal. Dec. 17, 2025); Zayas v. Gordon, No. 26-cv-00237-BAS-
DEB, 2026 WL 266275 (S.D. Cal. Feb. 2, 2026); Trujillo v. Noem, No. 26-cv-00268-BAS-
VET, 2026 WL 266496 (S.D. Cal. Feb. 2, 2026). 	Hence, for all of the reasons stated in
these previous opinions, the Court GRANTS the Petition in part. 	Petitioner requests
immediate release. Instead, the Court finds it appropriate to order Respondents to hold a
bond hearing to determine under what conditions Petitioner could be released.
Accordingly, the Court issues the following writ:
The Court ORDERS that Petitioner Luis Alberto Aguilar Carreon be given a
bond hearing before an Immigration Judge within 14 days of the date of this
Order. 	His bond hearing shall be governed by 8 U.S.C. § 1226(a), not §
1225(b)(2). 	If no bond hearing is held within that time frame, the Court
ORDERS 	that 	Petitioner 	be 	immediately 	released 	under 	reasonable
conditions of supervision.
The Clerk of the Court shall close the case.
IT IS SO ORDERED.
DATED: February 17, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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