Case Name in Immigration Case - Unavailable

3:26-cv-01549Casd20 mar 2026

Testo completo

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3:26-cv-1549-JES-BLM
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
HUAMEI CHEN
Petitioner,
v.
WARDEN OF THE OTAY MESA
DETENTION CENTER; GREGORY
ARCHAMBEAULT, ACTING FIELD
OFFICE DIRECTOR FOR
ENFORCEMENT AND REMOVAL
OPERATIONS AT THE SAN DIEGO
FIELD OFFICE; PAM BONDI,
ATTORNEY GENERAL, UNITED
STATES DEPARTMENT OF JUSTICE;
KRISTI NOEM, SECRETARY, UNITED
STATES DEPARTMENT OF
HOMELAND SECURITY; TODD
LYONS, ACTING DIRECTOR OF
UNITED STATES IMMIGRATION
AND CUSTOMS ENFORCEMENT;
AND DOES 1-5,
Respondents.
Case No.: 3:26-cv-1549-JES-BLM
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
PURSUANT TO 28 U.S.C. § 2241
[ECF No. 1]
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Before the Court is Petitioner Huamei Chen’s (“Petitioner”) Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 1, (“Pet.”). Pursuant to the Court
Order to Show Cause, Respondents (the” Government”) filed the Response, in which
expressed its non-opposition to Petitioner’s immediate release. ECF No. 3 at 1-2. For the
reasons stated below, the Court GRANTS the Petition.
Petitioner, a Chinese national, was recently re-detained by Respondents, without
first providing her with notice and an opportunity to be heard. Pet. ¶ 15. Petitioner remains
in custody to date at the Otay Mesa Detention Center. Pet. at 1. Petitioner alleges that
Respondents have previously apprehended her and subsequently “placed [her] on order of
recognizance and released on parole.” Id. ¶ 1. This Court has previously held that such
conduct by the Government, results in a noncitizen’s acquisition of a liberty interest in
remaining out of immigration custody. See Machado v. Dir. of Otay Mesa Det. Ctr., No.
25-CV-3277-JES-JLB, 2026 WL 125618, at * 6 (S.D. Cal. Jan. 16, 2026). As this Petition
raises the same issues discussed in 	Machado, the Court adopts its reasoning and
incorporates it by reference. 2026 WL 125618.
Accordingly, the Court finds that the jurisdiction stripping provisions of 8 U.S.C.
§ 1252 do not strip it of jurisdiction to hear Petitioner’s claims. The Government does not
contest Petitioner’s allegation or request for release. The Court, therefore, finds that
Petitioner acquired a liberty interest in remaining out of immigration custody when
Respondents previously granted her conditional parole, under 8 U.S.C. § 1226. released
by Respondents. The Court finds, further, that by re-detaining her, Respondents’ revoked
Petitioner’s parole, without providing her with notice or an opportunity to be heard—before
doing so, and violated her due process rights.
As a result, the Court ORDERS the following:
(1) The Court GRANTS Petitioner's writ of habeas corpus pursuant to 28
U.S.C. § 2241;
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(2) Respondents are ORDERED to IMMEDIATELY release Petitioner
from custody, subject to any conditions of her preexisting conditional
parole;
(3) The Parties are ORDERED to file a Joint Status Report on or before
March 24, 2026, confirming that Petitioner has been released; and
(4) The Clerk of Court is DIRECTED to CLOSE this case.
IT IS SO ORDERED.
Dated: March 20, 2026
Case 3:26-cv-01549-JES-BLM Document 4 Filed 03/20/26 PageID.<pageID> Page
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