Case Name in Immigration Case - Unavailable

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26-CV-4875 JLS (VET)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ANGEL SANTIAGO GUARTASACA,
Petitioner,
v.
CHRISTOPHER J. LAROSE,
Respondent.
Case No.: 26-CV-4875 JLS (VET)
ORDER GRANTING IN PART
PETITIONER’S AMENDED
PETITION FOR WRIT OF
HABEAS CORPUS
(ECF No. 7)
Presently before the Court is Petitioner Angel Santiago Guartasaca’s Amended
Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (“Pet.,” ECF No. 7). 	Also
before the Court are Respondent’s Response (“Ret.,” ECF No. 9) and Petitioner’s Traverse
(“Traverse,” ECF No. 10). For the following reasons, the Court GRANTS IN PART the
Amended Petition.
Petitioner, a citizen of Ecuador, entered the United States 2020. Pet. at 3. Several
months ago, Petitioner was arrested by immigration officers in New Jersey. Id. Petitioner
initially alleged that the officers had no warrant authorizing his arrest and thus requested
immediate release. Id. But Respondent demonstrated in his Response that Petitioner was
served with a warrant the same day of his arrest. See Ret. Ex. 2. In light of this, Petitioner
now requests only a bond hearing, see Traverse at 1, which Respondent does not oppose,
see Ret. at 2.
Case 3:26-cv-04875-JLS-VET Document 11 Filed 10/08/26 PageID.<pageID>
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26-CV-4875 JLS (VET)
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Accordingly, the Court GRANTS IN PART the Petition to the extent it requests a
bond hearing (ECF No. 7). 	The Court ORDERS the Government to provide Petitioner
with an individualized bond hearing under 8 U.S.C. § 1226(a) within fourteen (14) days,
unless Petitioner, the non-citizen, requests a continuance. Bond SHALL NOT be denied
on the basis that 8 U.S.C. § 1225(b)(2) requires mandatory detention. 	The non-citizen
bears the burden of demonstrating, by a preponderance of the evidence, that they are not a
danger to the community or a flight risk. 	See Rodriguez Diaz v. Garland, 53 F.4th 1189,
1197 (9th Cir. 2022). 	The Court DENIES IN PART the Petition to the extent that
Petitioner requests to be released from custody. 	The Parties SHALL file a Joint Status
Report by October 28, 2026, informing the Court of the outcome of the hearing. As this
concludes this matter, the Clerk of Court SHALL CLOSE the file.
IT IS SO ORDERED.
Dated: October 8, 2026
Case 3:26-cv-04875-JLS-VET Document 11 Filed 10/08/26 PageID.<pageID>
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