Case Name in Immigration Case - Unavailable

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ABDOULAYE BARRY,
Petitioner,
v.
JEREMY CASEY, et al.,
Respondents.
Case No. 26-cv-01408-BAS-DEB
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
(ECF No. 1)
Petitioner Abdoulaye Barry filed a Petition for Writ of Habeas Corpus pursuant to
28 U.S.C. § 2241, requesting immediate release or a bond hearing. 	(ECF No. 1.) 	The
Government responded to the Petition, conceding that, based on this Court’s prior rulings,
Petitioner is entitled to a bond hearing. (ECF No. 3.) Petitioner filed a Traverse. (ECF
No. 4.) 	For the reasons stated below, the Court GRANTS the Petition and orders that
Petitioner be given a bond hearing within seven 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
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(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, a native of Guinea, entered the United States without inspection on
August 13, 2024, and has lived continuously in the United States since then. (ECF No. 1
¶¶ 1, 25.) 	He was arrested in New York City and transferred to the Imperial Regional
Detention Center in Calexico, California. 	(ECF No. 1 ¶¶ 31–32.) The Government
maintains that Petitioner’s detention is mandatory pursuant to Matter of Yajure Hurtado,
29 I. & N. Dec. 216 (BIA 2025). (ECF No. 3.)
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). Although the Ninth Circuit stayed and restricted application of that
class to only those located in the Central District of California, Maldonado Bautista v. U.S.
Dep’t of Homeland Sec., No. 26-1044 (9th Cir. Mar. 6, 2026), this Court has previously
held in multiple cases that it agrees with the Court 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 the reasons stated in these previous opinions, 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
Abdoulaye Barry (A# 221-158-815) 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 16, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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