Case Name in Immigration Case - Unavailable

3:26-cv-01235Casd10 mar 2026

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
OSWALDO CHAVEZ-CASTANON,
Petitioner,
v.
GREGORY J. ARCHAMBEAULT, et al.,
Respondents.
Case No. 26-cv-01235-BAS-BLM
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
(ECF No. 1)
Petitioner Oswaldo Chavez-Castanon filed a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241, ostensibly to enforce his rights as a member of the
Maldonado Bautista class, and he seeks either immediate release or a bond hearing within
seven days. (ECF No. 1.) The Government responded to the Petition, 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.) Since the
Petition and Return were filed, the Ninth Circuit limited application of the class in
Maldonado Bautista to the Central District of California and stayed its application to all
other potential class members. 	See Maldonado Bautista v. U.S. Dep’t of Homeland Sec.,
No. 26-1044 (9th Cir. Mar. 6, 2026). 	Nonetheless, this Court finds the rationale of
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Maldonado Bautista is still applicable to Petitioner, and thus, the Court GRANTS the
Petition and orders that Petitioner be given a bond hearing within 7 days.
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. 	ANALYSIS
Petitioner entered the United States without inspection twenty years ago and was not
apprehended upon his arrival. 	(Pet. ¶ 5b, ECF No. 1.) 	The Department of Homeland
Security (“DHS”) arrested him on July 14, 2025, in the interior of the United States. (Id.
¶ 6.) Petitioner has been unable to get a bond hearing before an Immigration Judge on the
ground that his detention was mandatory pursuant to Matter of Yajure Hurtado, 29 I. & N.
Dec. 216 (BIA 2025). (Id.)
The Central District of California certified a class 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 266496 (S.D. Cal. Feb. 2, 2026). Hence, for all of the
reasons stated in these previous opinions, and regardless of whether Petitioner is or is not
a member of the Maldonado Bautista class, the Court GRANTS the Petition.
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III. 	CONCLUSION
Accordingly, the Court issues the following writ:
The Court 	ORDERS 	a bond hearing before an Immigration Judge for
Oswaldo Chavez-Castanon within 7 days of the date of this Order. The bond
hearing shall be governed by 8 U.S.C. § 1226(a), not § 1225(b)(2). If no bond
hearing is held within 7 days, Petitioner is ordered released forthwith.
The Clerk of the Court shall close the case.
IT IS SO ORDERED.
DATED: March 10, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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