De Loera Lopez v. LaRose et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
IGNACIO DE LOERA LOPEZ,
Petitioner,
v.
CHRISTOPHER LAROSE, et al.,
Respondents.
Case No. 26-cv-00851-BAS-BLM
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
(ECF No. 1)
Petitioner Ignacio De Loera Lopez filed a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241, claiming he was improperly denied bond while in
immigration custody. (ECF No. 1.) He requests that he be released on the same terms and
conditions as previously ordered by an Immigration Judge. (Id.)
The Government filed a Response to the Petition, agreeing with Petitioner and
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.) Petitioner filed a Traverse. (ECF No. 5.) For the reasons stated below, the
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Court GRANTS the Petition and orders that Petitioner be released on the same terms and
conditions as previously ordered by the Immigration Judge.
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 entered the United States without inspection around 2002 and has lived
continuously in the United States since then. 	(ECF No. 1 ¶ 1.) 	He was arrested in the
interior of the United States. (Id.) An Immigration Judge ordered Petitioner released on
bond. (ECF No. 1-2, Ex. 1.) The Government appealed the bond order, and it was reversed
by the Board of Immigration Appeals, solely on the ground that Petitioner’s detention was
mandatory pursuant to Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (ECF
No. 1-4 Ex. 3.)
III. 	ANALYSIS
The Central District of California has certified a class of which Petitioner is a
member and essentially overruled Yajure Hurtado. Maldonado Bautista v. Santacruz, __
F. Supp. 3d __, 2025 WL 3713982 (C.D. Cal. Dec. 18, 2025). This Court has previously
held in multiple cases that it agrees with the Central District in Maldonado Bautista 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
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266496 (S.D. Cal. Feb. 2, 2026). 	Hence, for all of the reasons stated in these previous
opinions, the Court GRANTS the Petition. And because Petitioner has already had a bond
hearing before an Immigration Judge in which the Judge ordered Petitioner released on
bond, the Court need not order another bond hearing.
IV. 	CONCLUSION
Accordingly, the Court issues the following writ:
The Court ORDERS that Ignacio De Loera Lopez (A#221-415-740) be
released on the same terms and conditions as he was ordered released by an
Immigration Judge (see ECF No. 1-2, Ex. 1.)
The Clerk of the Court shall close the case.
IT IS SO ORDERED.
DATED: February 24, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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