Hernandez-Palacio v. Noem et al

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26cv0889-GPC(DEB)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Daniel Hernandez-Palacio,
Petitioner,
v.
Kristi NOEM, Secretary, U.S. Department
of Homeland Security; Pam BONDI, U.S.
Attorney General; Todd LYONS, Acting
Director, Immigration and Customs
Enforcement; JOSEPH FREDEN, Acting
Field Office Director, U.S. Immigration &
Customs Enforcement (ICE),
CHRISTOPHER J. LAROSE, Senior
Warden, Otay Mesa Detention Facility;
EXECUTIVE OFFICE FOR
IMMIGRATION REVIEW;
IMMIGRATION AND CUSTOMS
ENFORCEMENT; and U.S.
DEPARTMENT OF HOMELAND
SECURITY,
Respondents.
Case No.: 26cv0889-GPC(DEB)
ORDER GRANTING IN PART
PETITION FOR WRIT OF HABEAS
CORPUS
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26cv0889-GPC(DEB)
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On February 12, 2025, Petitioner filed a petition for writ of habeas corpus pursuant
to 28 U.S.C. § 2241 seeking release from custody, or in the alternative, order a
constitutionally adequate bond hearing. (Dkt. No. 1, Pet.) Respondents file a return on
February 17, 2026. (Dkt. No. 3.) Based on the reasoning below, the Court GRANTS in
part the petition for writ of habeas corpus.
Background
Petitioner Daniel Hernandez-Palacio, a Mexican national, entered the United States
without inspection around May 4, 1991, departed in 1993 and returned shortly thereafter
and has continuously remained in the United States. (Dkt. No. 1, Pet. ¶¶ 17, 47.) He has
lived in the United States for more than three decades, attended Santa Ana High School
and worked in construction and carpentry. (Id. ¶¶ 20, 51.) He is married, and has two
United States adult citizen children. (Id. ¶¶ 19; 50.) The family resides together and
depends on him for financial and household support. (Id. ¶¶ 19, 50.) He files taxes and
has established deep family, community and employment ties in the United States. (Id.
¶¶ 19, 20.) He has never been deported and has no prior removal orders. (Id. ¶¶ 4, 51.)
He has two prior DUI convictions in Moreno Valley in 2017 and 2023 but they do not
rise to the level of disqualifying criminal history for purposes of discretionary bond nor
do they indicate a flight risk or danger to the community. (Id. ¶ 52.) Petitioner was
detained on January 29, 2026 in Chula Vista, while engaged in routine daily activities and
is now in removal proceedings and held in custody without bond. (Id. ¶ 54.)
Petitioner claims his detention violates the Immigration and Nationality Act
(“INA”), the Administrative Procedures Act, and the due process clause of the Fifth
Amendment. (Id. ¶¶ 59-81.) He requests a writ of habeas corpus ordering Respondents
to release Petitioner immediately from custody, or, in the alternative, order a
constitutionally adequate bond hearing before a neutral decisionmaker at which the
Government must justify her continued detention by clear and convincing evidence. (Id.
at p. 23.)
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26cv0889-GPC(DEB)
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In response to the order to show cause, Respondents acknowledge that pursuant to
Maldonado Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, --- F. Supp. 3d --, 2025
WL 3289861 (C.D. Cal. Nov. 20, 2025), amended and superseded by reconsideration by
–F. Supp. 3d--, 2025 WL 3713987 (Dec. 18, 2025), Petitioner is detained under 8 U.S.C.
§ 1226(a) and is entitled to a court ordered bond hearing. (Dkt. No. 3 at 2.1) As such, the
Court grants the petition in part. To the extent Petitioner requests release, such a request
is premature. Section 1226 requires only consideration of release on bond, and a bond
hearing is therefore sufficient to correct Respondents’ ongoing violation of the INA as to
Petitioner. See 8 U.S.C. § 1226(a).
Accordingly, the Court GRANTS in part the petition for writ of habeas corpus under
28 U.S.C. § 2241. The Court ORDERS Respondents to provide Petitioner with a bond
hearing under 8 U.S.C. § 1226(a) within ten (10) days of this Order.2 Respondents are
ORDERED to FILE a Notice of Compliance within ten days of providing Petitioner with
a bond hearing. The Clerk of Court SHALL enter judgment in Petitioner's favor and close
this case.
IT IS SO ORDERED.
Dated: February 17, 2026
1 Page numbers are based on the CM/ECF pagination.
2 In his prayer for relief, Petitioner requests an award of costs and reasonable attorney’s fees. (Dkt. No.
1 at 23.) Petitioner’s counsel may submit an appropriate EAJA fee application within 30 days of the
issuance of this Order.
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