3:26-cv-00785•Jatin v. Casey et al
Testo completo
1 26-cv-785-RSH-BLM 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 JATIN JATIN, Petitioner, v. JEREMY CASE, Warden, Imperial Regional Detention Center, et al., Respondents. Case No.: 26-cv-785-RSH-BLM ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS On February 9, 2026, petitioner Jatin Jatin filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (the “Petition”), as well as a motion for a temporary restraining order (“TRO”). ECF Nos. 1, 2. Petitioner argues that rather than being subject to mandatory detention under 8 U.S.C. § 1225(b), he is entitled to a bond hearing under 8 U.S.C. § 1226(a). ECF No. 1 ¶¶ 6, 25, 26. On February 23, 2026, Respondents filed a return taking the position that Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b) because he was present in the United States without being admitted or paroled, but “acknowledg[ing] that Courts in this District have repeatedly reached the opposite conclusion.” ECF No. 4 at 2 (collecting orders from over a dozen district judges in the Southern District of California). Respondents further “acknowledge[] that this District’s prior decisions would control the Case 3:26-cv-00785-RSH-BLM Document 7 Filed 02/23/26 PageID.<pageID> Page 1 of 2
2 26-cv-785-RSH-BLM 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 result here if the Court adheres to its prior decisions[.]” Id. at 3. The Court agrees with Respondents that the cited prior decisions from this District, while not binding precedent, contain rulings that if followed would also control the result here. The Court joins those rulings and determines that Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a). Accordingly, the Petition is GRANTED. Respondents are directed to arrange a bond hearing for petitioner Jatin Jatin before an immigration court pursuant to 8 U.S.C. § 1226(a) within seven (7) days of this order. The Court declines to issue further declaratory or injunctive relief. If Petitioner seeks to recover fees, he must do so by noticed motion in the manner prescribed by the Federal Rules of Civil Procedure, the Local Rules of this Court, and the undersigned’s chambers rules. In light of the foregoing disposition, Petitioner’s application for a temporary restraining order [ECF No. 2] is DENIED as moot. The hearing set for March 5, 2026 is VACATED. IT IS SO ORDERED. Dated: February 23, 2026 ____________________ Hon. Robert S. Huie United States District Judge Case 3:26-cv-00785-RSH-BLM Document 7 Filed 02/23/26 PageID.<pageID> Page 2 of 2
Ti chiedi come si applica questo testo alla tua situazione?
Consulenza gratuita, senza impegno
Descrivi la tua situazione. Il nostro team ti ricontatterà via e-mail per la tua consulenza.
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.