Case Name in Immigration Case - Unavailable

1
26cv0768 DMS VET
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
OLIVIER ZOUNGRANA,
Petitioner,
v.
SIXTO MARRERO, Warden, Imperial
Regional Detention Facility; DANIEL A.
BRIGHTMAN, Field Office Director, San
Diego Field Office, United States
Immigration and Customs Enforcement;
TODD M. LYONS, Acting Director,
United States Immigration and Customs
Enforcement; KRISTI NOEM, Secretary
of Homeland Security; and PAMELA JO
BONDI, Attorney General, in their official
capacities,
Respondents.
Case No.: 26cv0768 DMS VET
ORDER GRANTING PETITION
This case comes before the Court on the Petition for Writ of Habeas Corpus.
Respondents filed a Return to the Petition, and Petitioner filed a reply. For the following
reasons, the Court grants the Petition.
Case 3:26-cv-00768-DMS-VET Document 6 Filed 03/16/26 PageID.<pageID> Page
1 of 3

2
26cv0768 DMS VET
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Petitioner is a citizen of Burkina Faso. On December 13, 2024, he entered the United
States without inspection and was immediately apprehended by border patrol agents. He
was determined to be inadmissible and taken into Immigration and Customs Enforcement
(“ICE”) custody. Petitioner has been in custody since that time and is presently confined
in Otay Mesa Detention Center.
While in custody, Petitioner was issued a Notice to Appeal, which initiated removal
proceedings against him. On May 5, 2025, an immigration judge ordered Petitioner
removed to Burkina Faso. (Pet., Ex. 2.) Petitioner appealed that decision to the Board of
Immigration Appeals, which remanded the case to the immigration court. (Pet., Ex. 3.) On
remand, the court granted the Department of Homeland Security’s motion to pretermit
Petitioner’s applications for asylum, withholding of removal, and protection under the
Convention Against Torture, and ordered Petitioner removed to Uganda under the Asylum
Cooperative Agreement between the United States and Uganda. (Pet., Ex. 4.) Petitioner
filed an appeal of that decision, which is pending.
On February 6, 2026, Petitioner filed the present case in which he alleges his
continued detention without a bond hearing violates his right to due process. Respondents
argue the Court lacks jurisdiction to consider Petitioner’s claim, Petitioner is properly
detained under 8 U.S.C. § 1225(b)(2)(A), and his continued detention does not violate due
process.
In De la Torre Duran v. Doe, Case No. 25cv3230 DMS (DDL), this Court addressed
claims and arguments similar to those raised here based on facts similar to those in this
case. See also Ogandzhanian v. Warden of Otay Mesa Detention Center, Case No.
26cv0093 DMS MSB, ECF No. 6. In De la Torre Duran, the Court considered the factors
set out in Banda v. McAleenan, 385 F.Supp.3d 1099, 116-17 (W.D. Wash. 2019), to
conclude the petitioner’s continued detention without a bond hearing violated his due
process rights. See De la Torre Duran, ECF No. 11. Applying those factors to the present
case results in the same conclusion.
Case 3:26-cv-00768-DMS-VET Document 6 Filed 03/16/26 PageID.<pageID> Page
2 of 3

3
26cv0768 DMS VET
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Under the reasoning of De la Torre Duran, which the Court applies to the present
case, the Court grants the Petition. Respondents are directed to arrange an individualized
bond hearing for Petitioner before an immigration court within seven (7) days of this Order.
The parties are ordered to file a Joint Status Report within fourteen (14) days of this Order’s
entry confirming Petitioner received a bond hearing and setting out the results of that
hearing.
IT IS SO ORDERED.
Dated: March 16, 2026
Case 3:26-cv-00768-DMS-VET Document 6 Filed 03/16/26 PageID.<pageID> Page
3 of 3