Sun v. Marrero et al

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26-cv-1118-RSH-MMP
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
YAOHUI SUN,
Petitioner,
v.
SIXTO MARRERO, Facility Administrator,
Imperial Regional Detention Facility, et al.,
Respondents.
Case No.: 26-cv-1118-RSH-MMP
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
[ECF No. 2]
On February 20, 2026, petitioner Yaohui Sun filed a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2241 (the “Petition”) and thereafter filed 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). Id. ¶¶ 24, 38.
On March 5, 2026, Respondents filed a return 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. 5 at 2.
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26-cv-1118-RSH-MMP
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Accordingly, the Petition is GRANTED. Respondents are directed to arrange a bond
hearing for petitioner Yaohui Sun 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 at this time. To the extent Petitioner seeks to recover attorneys’ fees, he
must make such request by noticed motion in a manner provided by the Local Rules of this
Court and the undersigned’s pretrial civil procedures.
In light of the relief granted herein, Petitioner’s application for a temporary
restraining order [ECF No. 2] is DENIED as moot.
The hearing set for March 19, 2026 is VACATED.
IT IS SO ORDERED.
Dated: March 5, 2026
____________________
Hon. Robert S. Huie
United States District Judge
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