Yanez Ochoa v. Lyons et al

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26cv1019-LL-BLM
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
HENRY YONEL YANEZ OCHOA,
Petitioner,
v.
TODD LYONS, ACTING DIRECTOR,
IMMIGRATION AND CUSTOMS
ENFORCEMENT, ET AL.,
Respondents.
Case No.: 26cv1019-LL-BLM
ORDER GRANTING IN PART
PETITION FOR WRIT OF HABEAS
CORPUS [ECF No. 1];
ORDER DENYING AS MOOT
PETITIONER’S MOTION FOR
DEFAULT JUDGMENT [ECF No. 4]
Presently before the Court is Petitioner Henry Yonel Yanez Ochoa’s Petition for a
Writ of Habeas Corpus under 28 U.S.C. § 2241. ECF No. 1 (“Pet.”). Petitioner seeks a writ
of habeas corpus directing Respondents to release him from custody unless he is provided
with an individualized bond hearing within seven days. Pet. ¶ 7. Respondents failed to file
a Return by the Court-issued deadline of February 24, 2026 at 4:30 p.m. ECF No. 2; see
Docket. On March 2, 2026, Petitioner filed a Request for Clerk’s Entry of Default and
Motion for Default. ECF No. 4. In light of Respondents’ failure to file a Return, the Court
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will address herein the merits of the Petition and GRANTS IN PART the Petition for the
reasons stated below.
Petitioner, a citizen of Honduras, alleges that he has been detained since January
29, 2026 by the United States Department of Homeland Security’s (“DHS”) Immigration
and Customs Enforcement (“ICE”) division and is currently at the Otay Mesa Detention
Center. Pet. ¶¶ 15, 45. Petitioner claims that he is entitled to release and a bond hearing.
Id. ¶¶ 51-61 and Prayer for Relief.
Upon the Court’s review of the Petition, the Court finds that Petitioner is a member
of the Bond Eligible Class certified in Maldonado Bautista v. Santacruz, No. 25-CV-1873-
SSS-BFM, --- F. Supp. 3d ---, 2025 WL 3288403 (C.D. Cal. Nov. 25, 2025). Accordingly,
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). Therefore, the Petition
(ECF No. 1) is GRANTED IN PART as set forth below:
1. Respondents are ORDERED to provide Petitioner with an individualized
bond hearing under 8 U.S.C. § 1226(a) within seven (7) days of this Order.
Respondents SHALL NOT deny Petitioner’s bond on the basis that 8 U.S.C.
§ 1225(b)(2) requires mandatory detention. The Court notes that Matter of
Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025), has been vacated as contrary
to law under the Administrative Procedure Act, and cannot be invoked to
decline jurisdiction by the immigration judge. Bautista v. Santacruz, No. 5:25-
CV-01873-SSS-BFM, 2026 WL 468284, at *10 (C.D. Cal. Feb. 18, 2026).
2. The Court DENIES IN PART the Petition to the extent that Petitioner
requests to be released from custody.
3. Finally, the Court DENIES AS MOOT Petitioner’s Motion for Default
Judgment (ECF No. 4).
/ / /
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4. The Clerk of Court shall enter judgment in Petitioner’s favor and close this
case.
IT IS SO ORDERED.
Dated: March 2, 2026
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