Vikrant v. Casey et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
SINGH VIKRANT,
Petitioner,
v.
JEREMY CASEY, et al.,
Respondents.
Case No. 26-cv-00779-BAS-MSB
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
(ECF No. 1)
Petitioner Singh Vikrant filed a Petition for Writ of Habeas Corpus pursuant to 28
U.S.C. § 2241, claiming he was improperly detained in immigration custody without bond.
(ECF No. 1.) 	He requests that he be released immediately. 	(Id.) 	The Government
responded to the Petition, arguing the Petitioner is subject to mandatory detention under 8
U.S.C. §1225(b) and Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (ECF
No. 4.) Petitioner filed a Traverse. (ECF No. 5.) For the reasons stated below, the Court
GRANTS 	the 	Petition 	and 	orders 	that 	Petitioner 	be 	released 	forthwith.
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I. 	LEGAL STANDARD
A writ of habeas corpus is “available to every individual detained within the United
States.” 	Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004). 	“The traditional function of the
writ is to secure release from illegal custody.” 	Preiser v. Rodriguez, 411 U.S. 475, 484
(1973). A court may grant a writ of habeas corpus to a petitioner who demonstrates he or
she is in custody in violation of the Constitution or federal law. 28 U.S.C. § 2241(c)(3). It
applies to non-citizens detained within the United States. Zadvydas v. Davis, 533 U.S. 678,
687 (2001). Since Petitioner is in custody and since he is seeking release from custody, he
has standing to pursue this Petition.
II. 	STATEMENT OF FACTS
Petitioner is an asylum seeker from India. (Pet. ¶ 1, ECF No. 1.) He arrived in the
United 	States 	on 	July 	29, 2023, 	and 	was 	released 	from custody 	under 	8 	U.S.C.
§ 1226(a)(2)(B). 	(Id.) 	Petitioner obtained work authorization and complied with all the
terms of his release. (Id. ¶ 54.) Despite no material change in circumstances, Immigration
and Customs Enforcement (“ICE”) re-detained him and now claims he is subject to
mandatory detention under § 1225(b) and Matter of Yajure Hurtado, 29 I. & N. Dec. 216
(BIA 2025). (Id.) Petitioner requests that he be released forthwith under the same terms
and conditions as he has been under since 2023. (ECF No. 1.)
III. 	ANALYSIS
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.
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IV. 	CONCLUSION
Accordingly, the Court issues the following writ:
The Court ORDERS that Singh Vikrant (A#245-068-423) be released forthwith
from immigration custody under the same terms and conditions as his previous
release in July 2023.
IT IS SO ORDERED.
DATED: February 24, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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