3:26-cv-01384•Case Name in Immigration Case - Unavailable
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1 26-CV-1384 JLS (DEB) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA BERNABE ZAMORA TORRES, Petitioner, v. KRISTI NOEM, Secretary of Homeland Security, et al., Respondents. Case No.: 26-CV-1384 JLS (DEB) ORDER GRANTING IN PART PETITION FOR WRIT OF HABEAS CORPUS (ECF No. 1) Presently before the Court is Bernabe Zamora Torres’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Pet.,” ECF No. 1). Also before the Court is Respondents’ Return to Habeas Petition (“Ret.,” ECF No. 3). Petitioner did not file a Traverse. See generally Docket. Petitioner, a Mexican national, entered the United States in 2008 and alleges that he has been detained by the United States Department of Homeland Security’s (“DHS”) Immigration and Customs Enforcement (“ICE”) division at the Otay Mesa Detention Center since August 19, 2025. Pet. ¶¶ 16–19. Petitioner claims that he is entitled to release and a bond hearing. Id. at 10. 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. Case 3:26-cv-01384-JLS-DEB Document 4 Filed 03/16/26 PageID.<pageID> Page 1 of 3
2 26-CV-1384 JLS (DEB) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Cal. Nov. 25, 2025).1 Ret. at 1. Respondents acknowledge that, while Bautista is stayed, “prior orders from this District direct[] bond hearings pursuant to 8 U.S.C. § 1226(a) in similar cases.” Id. Respondents “therefore do not oppose an Order requiring such a hearing for Petitioner.” Id. at 1–2. Therefore, the Petition (ECF No. 1) is GRANTED IN PART. I. Attorney’s Fees Petitioner’s counsel still requests costs and attorney’s fees in this action pursuant to the Equal Justice Act (“EAJA”), 28 U.S.C. § 2412. Pet at 10. The EAJA provides in part: A party seeking an award of fees and other expenses shall, within thirty days of final judgment in the action, submit to the court an application for fees and other expenses which shows that the party is a prevailing party and is eligible to receive an award under this subsection, and the amount sought, including an itemized statement from any attorney . . . representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the United States was not substantially justified. Whether or not the position of the United States was substantially justified shall be determined on the basis of the record . . . which is made in the civil action for which fees and other expenses are sought. 28 U.S.C. § 2412(d)(1)(B). The Court will consider an application requesting reasonable fees and costs under the EAJA that is filed within thirty days of the judgment. / / / / / / / / / / / / 1 The Court notes that on March 6, 2026, the Ninth Circuit granted an administrative stay of the Bautista decision “insofar as the district court’s judgment extends beyond the Central District of California.” Maldonado Bautista, et al. v. United States Department of Homeland Security, et al., No. 26-1044, ECF No. 5 (9th Cir. March 6, 2026). Therefore, the Court resolves the Petition without reliance on Maldonado Bautista. Case 3:26-cv-01384-JLS-DEB Document 4 Filed 03/16/26 PageID.<pageID> Page 2 of 3
3 26-CV-1384 JLS (DEB) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CONCLUSION Based on the foregoing, the Court GRANTS IN PART Petitioner’s Petition for Writ of Habeas Corpus (ECF No. 1), and ORDERS Respondents to provide Petitioner with an individualized bond hearing under 8 U.S.C. § 1226(a) within fourteen (14) days. Respondents SHALL NOT deny Petitioner’s bond on the basis that 8 U.S.C. § 1225(b)(2) requires mandatory detention. The Court DENIES IN PART the Petition to the extent that Petitioner requests to be released from custody. The Court will consider an application requesting reasonable fees and costs under the EAJA that is filed within thirty days of the judgment. Petitioner’s attorney is directed to submit an attorney fee application and corresponding billing records within thirty (30) days of this Order, and Respondents are instructed to file any opposition within fourteen (14) days of Petitioner’s attorney fee application. IT IS SO ORDERED. Dated: March 16, 2026 Case 3:26-cv-01384-JLS-DEB Document 4 Filed 03/16/26 PageID.<pageID> Page 3 of 3
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