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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ROSA AGUILAR-PEREZ,
Petitioner,
v.
CHRISTOPHER J. LAROSE, Warden of
Otay Mesa Detention Center, et al.,
Respondents.
Case No.: 25cv3409-LL-DDL
ORDER GRANTING IN PART
PETITION FOR WRIT OF HABEAS
CORPUS
[ECF No. 1]
This case comes before the Court on Petitioner’s 28 U.S.C. § 2241 Petition. ECF
No. 1. The Court already granted in part Petitioner’s ex parte motion for a temporary
restraining order (“TRO”). ECF Nos. 3, 9. Specifically, on December 22, 2025, the Court
ordered Respondents to arrange an individualized bond hearing for Petitioner before an
immigration court within seven (7) days of that Order. ECF No. 9. On January 5, 2026, the
parties filed a Joint Status Update, and informed the Court that the parties “presently
disagree as to whether the habeas petition is resolved.” ECF No. 10 (hereinafter “Status
Update”).
Specifically, Petitioner’s position is:
Petitioner has been detained for over two months following her arrest at a
routine ICE check-in, despite having lived openly in the community for more
than a decade after being released by DHA on her own recognizance under 8
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U.S.C. § 1226(a). From 2014 until her re-detention in October 2025,
Petitioner 	complied 	perfectly 	with 	ICE 	supervision, 	appeared 	at 	every
required check-in, maintained stable employment and residence, supported
her family, and incurred no additional criminal history.
After this Court granted limited TRO relief, an Immigration Judge conducted
a bond hearing. The Immigration Judge denied bond, relying exclusively on
Petitioner’s 2014 conviction as evidence of dangerousness. That conviction,
however, is the same incident that first brought Petitioner to the attention of
immigration authorities more than ten years ago and was fully known to DHS
at the time it affirmatively released her on her own recognizance. The
Immigration Judge did not identify any conduct, event, or circumstance
occurring after that release that would justify revocation of Petitioner’s
longstanding recognizance or a departure from DHS’s prior determination that
she did not pose a danger or flight risk.
Petitioner respectfully submits that the bond denial rests on a legal error: the
absence of changed circumstances supports continuation of release, not
continued detention. The Immigration Judge’s finding that Petitioner failed to
demonstrate 	changed 	circumstances 	improperly 	inverted 	the 	governing
standard, where DHS bore the burden of identifying new, individualized
justification for detention following a decade of compliant release.
Petitioner therefore maintains that her continued detention remains unlawful
under the Due Process Clause and inconsistent with the statutory framework
governing § 1226(a) custody. The habeas petition and TRO motion remain
pending, and Petitioner continues to seek release or other appropriate relief
consistent with the Court’s prior order and constitutional requirements.
Id. at 1-2.
Respondent’s position is as follows:
[The] Court’s order has been complied with, Petitioner’s habeas petition is
resolved and that there are no further requests for relief that the Court can
resolve or grant in this matter. See 8 U.S.C. § 2241(c) (An individual may
seek habeas relief under 28 U.S.C. § 2241 if he is “in custody” under federal
authority “in violation of the Constitution or laws or treaties of the United
States.”); 8 U.S.C. § 1252; Pinson v. Carvajal, 69 F.4th 1059, 1072 (9th Cir.
2023) (“[O]ur review of the history and purpose of habeas leads us to conclude
the relevant question is whether, based on the allegations in the petition,
release is legally required irrespective of the relief requested.”); Crawford v.
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Bell, 599 F.2d 890, 891 (9th Cir. 1979); Dep’t of Homeland Security v.
Thraissigiam, 	591 	U.S. 	103, 	117 	(2020) 	(The 	writ 	of 	habeas 	corpus
historically “provide[s] a means of contesting the lawfulness of restraint and
securing release.”). Petitioner was provided with an individualized bond
hearing pursuant to § 1226(a), although it did not result in the outcome
Petitioner was hoping for. Should Petitioner wish to seek review of the IJ’s
bond determination, she should file an appeal with the Board of Immigration
Appeals.
Id. The Court agrees with Respondents that should Petitioner wish to seek review of the
IJ’s bond determination, she should file an appeal with the Board of Immigration Appeals.
However, Respondents fail to address that the Court has not yet ruled on the other issues
raised in Petitioner’s Petition for Writ of Habeas Corpus including her claim that her
detention violates the Fifth Amendment Due Process Clause and the Administrative
Procedures Act. Pet. ¶¶ 79-96. The Court will address these claims herein, and for the
reasons set forth below, the Court GRANTS IN PART Petitioner’s Petition for Habeas
Corpus.
I. 	BACKGROUND
Petitioner, a native and citizen of Mexico, entered the United States at or near San
Ysidoro, California on or about January 1, 1992, when she was fourteen years old, without
being admitted or paroled. Pet. ¶ 19. She is now a 53-year old mother of three U.S. children,
and has resided continuously in the U.S. for more than thirty-five years. Id. She has worked
both in the family business and as a primary caregiver and homemaker for her three
children. Id. ¶¶ 21-23. She has been married to her husband, Miguel A. Perez Gonzalez, a
lawful permanent resident, who has a janitorial business. Id. ¶ 23.
In 2014, Petitioner was served with a Notice to Appear following a traffic-related
incident, which she alleges she accepted responsibility in the California-court system. Id.
¶ 24. Although DHS executed an arrest warrant on December 10, 2014, the agency issued
a Notice of Custody Determination releasing her on her own recognizance, without bond.
Id. ¶ 25. Petitioner has had no other criminal or other incidents during her time in the U.S.
Id. ¶ 26. Also, for the past six years, Petitioner has maintained steady, long-term
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employment with DMSD Foods, which allows her to contribute materially to her household
and to support her three children. Id. In October 2025, at her routine ICE check-in,
Petitioner was arrested and taken into custody where she remains today. Id. ¶¶ 27-28. She
received no warning or indication that she would be taken into custody. Id. Petitioner now
argues her detention without notice or an opportunity to be heard violates the Due Process
Clause and the Administrative Procedure Act. Id. at ¶¶ 56-73.
II. 	LEGAL STANDARD
A federal prisoner challenging the execution of his or her sentence, rather than the
legality of the sentence itself, may file a petition for writ of habeas corpus in the district of
his confinement pursuant to 28 U.S.C. § 2241. See 28 U.S.C. § 2241(a). The sole judicial
body able to review challenges to final orders of deportation, exclusion, or removal is the
court of appeals. 	See generally 8 U.S.C. § 1252; see also Alvarez–Barajas v. Gonzales,
418 F.3d 1050, 1052 (9th Cir. 2005) (citing REAL ID Act, Pub. L. No. 109-13, 119 Stat.
231, § 106(a)). 	However, for claims challenging ancillary or collateral issues arising
independently from the removal process—for example, a claim of indefinite detention—
federal habeas corpus jurisdiction remains in the district court. 	Nadarajah v. Gonzales,
443 F.3d 1069, 1076 (9th Cir. 2006), abrogated on other grounds by Jennings v. Rodriguez,
138 S. Ct. 830 (2018); Alvarez v. Sessions, 338 F. Supp. 3d 1042, 1048–49 (N.D. Cal.
2018) (citations omitted).
III. 	DISCUSSION
A. 	Jurisdiction
Respondents argue that this Court lacks jurisdiction under 8 U.S.C. § 1252(g).
Response at 7-10. Section 1252(g) provides that “no court shall have jurisdiction to hear
any cause or claim by or on behalf of any alien arising from the decision or action by the
Attorney General to commence proceedings, adjudicate cases, or execute removal orders
against any alien under this chapter.” 8 U.S.C. § 1252(g). Respondents argue that
Petitioner’s 	claims arise from DHS’s 	decision 	to 	commence removal 	proceedings.
Response at 10. The Court disagrees.
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Section 1252(g) should be read “narrowly” as to apply “only to three discrete actions
that the Attorney General may take: her ‘decision or action’ to ‘commence proceedings,
adjudicate cases, or execute removal orders.’” Ibarra-Perez v. United States, No. 24-631,
2025 WL 2461663, at *6 (9th Cir. Aug. 27, 2025) (quoting Reno v. American-Arab Anti-
Discrimination Committee, 525 U.S. 471, 482, 487 (1999)). Section 1252(g) “does not
prohibit challenges to unlawful practices merely because they are in some fashion
connected to removal orders.” Id. at *7. Section 1252(g) does not bar due process claims.
Walters v. Reno, 145 F.3d 1032, 1052–53 (9th Cir. 1998) (finding that the petitioners’
objective was not to review the merits of their proceeding, but rather “to enforce their
constitutional rights to due process in the context of those proceedings”).
Section 1252(b)(9) provides that “[j]udicial review of all questions of law and fact,
including interpretation and application of constitutional and statutory provisions, arising
from any action taken or proceeding brought to remove an alien from the United
States under this subchapter shall be available only in judicial review of a final order under
this section.” 8 U.S.C. § 1252(b)(9) (emphasis added). Respondents argue that the Court
lacks jurisdiction under § 1252(b)(9) because “[t]hese provisions divest district courts of
jurisdiction to review both direct and indirect challenges to removal orders, including
decisions 	to 	detain 	for 	purposes 	of 	removal 	or 	for 	proceedings.” 	Response 	at 	9
(citing Jennings, 583 U.S. 294–95). Again, the Court disagrees.
Section 1252(b)(9) “has built-in limits, specifically, claims that are independent of
or collateral to the removal process do not fall within the scope” of § 1252(b)(9). Gonzalez
v. United States Immigration and Customs Enforcement, 975 F.3d 788, 810 (9th Cir.
2020) (citing J.E.F.M. v. Lynch, 837 F.3d 1026, 1032 (9th Cir. 2016) (internal quotation
marks omitted)). “[C]laims challenging the legality of detention pursuant to an immigration
detainer are independent of the removal process.” Id.; see also Garcia v. Noem, 2025 WL
2549431, at *3–4 	(S.D. Cal. Sept. 3, 2025); Nielson v. Preap, 586 U.S. 392, 402
(2019) (quoting Jennings, 583 U.S. at 294) (finding § 1252(b)(9) did not strip the court of
jurisdiction because the petitioners were “not asking for review of an order of removal;
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they [were] not challenging the decision to detain them in the first place or to seek removal
(as opposed to decision to deny them bond hearings); and they [were] not even challenging
any part of the process by which their removability w[ould] be determined”).
Here, as discussed above, Petitioner is not challenging the Department of Homeland
Security’s 	decision 	to 	commence 	removal 	proceedings 	or 	to 	adjudicate
removability. 	Petitioner is instead challenging the ICE’s abrupt re-detention “without
notice, explanation, and without identifying a single changed circumstance,” which she
alleges violates her due process rights and the Administrative Procedures Act as a
parolee. Pet. ¶¶ 2, 4, 5. Therefore, § 1252(b)(9) also does not strip the Court of jurisdiction.
B. 	Due Process
Petitioner argues that the summary revocation of her parole without notice or a
hearing violates the Due Process Clause. Pet. ¶¶ 27, 57, 79-85. The Court agrees.
The Fifth Amendment guarantees that “[n]o person shall be . . . deprived of life,
liberty, or property, without due process of law.” 	U.S. Const. amend. V. 	“[T]he Due
Process Clause applies to all ‘persons’ within the United States, including aliens, whether
their presence here is lawful, unlawful, temporary, or permanent.” Zadvydas v. Davis, 533
U.S. 678, 693 (9th Cir. 2001). “[I]t is well established that the Fifth Amendment entitles
aliens to due process of law in deportation proceedings.” 	Reno v. Flores, 507 U.S. 292,
306 (1993). The Due Process Clause generally “requires some kind of a hearing before the
State deprives a person of liberty or property.” 	Zinermon v. Burch, 494 U.S. 113, 127
(1990). “Even individuals who face significant constraints on their liberty or over whose
liberty the government wields significant discretion retain a protected interest in their
liberty.” Pinchi v. Noem, No. 25-cv-5632-PCP, 2025 WL 2084921, at *3 (N.D. Cal. July
25, 2025) (citations omitted). 	Although the initial decision to detain or release an
individual may be within the government’s discretion, “the government’s decision to
release an individual from custody creates ‘an implicit promise,’ upon which that
individual may rely, that their liberty ‘will be revoked only if [they] fail[] to live up to the
. . . conditions [of release].’” Id. (quoting Morrissey v. Brewer, 408 U.S. 471, 482 (1972)).
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“Thus, even when ICE has the initial discretion to detain or release a noncitizen pending
removal proceedings, after that individual is released from custody [he] has a protected
liberty interest in remaining out of custody.” 	Pinchi, 2025 WL 2084921, at *3 (citing
Romero v. Kaiser, No. 22-cv-20508, 2022 WL 1443250, at *2 (N.D. Cal. May 6, 2022)).
Respondents originally filed a Response in opposition to the Petition on December
15, 2025, and then on December 19, 2025, Respondents filed a Supplemental Response
conceding that in light of Maldonado Bautista, Petitioner is detained under 8 U.S.C. §
1226(a) and is entitled to a bond hearing. See ECF Nos. 7, 8. On December 22, 2025, the
Court granted in Part Petitioner’s Ex Parte Motion for a Temporary Restraining Order, and
ordered Respondents to arrange an individualized bond hearing for Petitioner within seven
days of the Court’s Order. ECF No. 9. Based on the parties’ Joint Status Update, a bond
hearing was held pursuant to the Court’s Order on the TRO, but bond was denied. ECF No.
10. However, in now ruling herein on the Petition and the remaining claims for due process
and the Administrative Procedures Act, the Court finds that the relief Petitioner is entitled
to is not limited to a bond hearing. Prior to Petitioner being granted parole, she was
determined to not be a danger to the community or a flight risk and was released. Pet. ¶¶
39, 51. Petitioner has complied with all conditions of her release. Id. Petitioner has
maintained steady employment and developed community ties including three U.S. citizen
children and a legal permanent resident husband. Id. Accordingly, Petitioner has a
protected liberty interest in remaining out of custody. See, e.g., Pinchi, 2025 WL 2084921,
at *4 (“[Petitioner’s] release from ICE custody after her initial apprehension reflected a
determination by the government that she was neither a flight risk nor a danger to the
community, and [Petitioner] has a strong interest in remaining at liberty unless she no
longer meets those criteria.”); Noori v. LaRose, 2025 WL 2800149, at *10 (S.D. Cal. Oct.
1, 2025) (“Petitioner is not an ‘arriving’ noncitizen but one that has [been] present in our
country for over a year. This substantial amount of time indicates he is afforded the Fifth
Amendment’s guaranteed due process before removal.”); Matute v. Wofford, No. 25-cv-
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1206-KES-SKO (HC), 2025 WL 2817795, at *5 (E.D. Cal. Oct. 3, 2025) (finding petitioner
had a protected liberty interest in his release).
As Petitioner has a protected liberty interest, the Due Process Clause requires
procedural protections before she can be deprived of that interest. 	See Matthews v.
Eldridge, 424 U.S. 319, 335 (1976). To determine which procedures are constitutionally
sufficient to satisfy the Due Process Clause, the Court must apply the Matthews factors.
See Matthews, 424 U.S. at 335. Courts must consider: (1) “the private interest that will be
affected by the official action”; (2) “the risk of an erroneous deprivation of such interest
through the procedures used, and the probable value, if any, of additional or substitute
procedural safeguards”; and (3) “the [g]overnment’s interest, including the function
involved and the fiscal and administrative burdens that the additional or substitute
procedural requirement would entail.” Id.
The Court finds that all three factors support a finding that the government’s
revocation of Petitioner’s parole without notification, reasoning, or an opportunity to be
heard, denied Petitioner of her due process rights. First, as discussed above, Petitioner has
a significant liberty interest in remaining out of custody pursuant to her parole. “Freedom
from imprisonment—from government custody, detention, or other forms of physical
restraint—lies at the heart of the liberty [the Due Process Clause] protects.” Zadvydas, 533
U.S. at 690. 	Petitioner has an interest in remaining with her community, working, and
continuing to provide for her three U.S. citizen children. 	See Morrissey, 408 U.S. 471 at
482 (“Subject to the conditions of his parole, he can be gainfully employed and is free to
be with family and friends and to form the other enduring attachments of normal life.”).
Second, the risk of an erroneous deprivation of such interest is high as Petitioner’s
parole was revoked without providing her a reason for revocation or giving her an
opportunity to be heard. 	Pet. ¶¶ 39, 51. 	Since the initial determination that Petitioner
should be paroled because she posed no danger to the community and was not a flight risk,
there is no evidence that these findings have changed. 	See Saravia v. Sessions, 280 F.
Supp. 3d 1168, 1760 (N.D. Cal. 2017) (“Release reflects a determination by the
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government that the noncitizen is not a danger to the community or a flight risk.”).
Petitioner has no criminal record, has not been arrested or otherwise in criminal trouble,
has an established community, and is working in gainful employment. Pet. ¶¶ 21-23, 26.
“Once a noncitizen has been released, the law prohibits federal agents from rearresting him
merely because he is subject to removal proceedings.” 	Saravia, 280 F. Supp. 3d at 1760.
“Rather, the federal agents must be able to present evidence of materially changed
circumstances—namely, evidence that the noncitizen is in fact dangerous or has become a
flight risk. . . .” Id. Respondents fail to address Petitioner’s Due Process argument in their
Response, and do not point to any material circumstances that have changed that would
warrant reconsideration of her parole. See generally Response.
Third, the government’s interest in detaining Petitioner without notice, reasoning,
and a hearing is “low.” See Pinchi, 2025 WL 2084921, at *5; Matute, 2025 WL 2817795,
at *6; Ortega v. Bonnar, 415 F. Supp. 3d 963, 970 (N.D. Cal. Nov. 22, 2019) (“If the
government wishes to re-arrest [Petitioner] at any point, it has the power to take steps
toward doing so; but its interest in doing so without a hearing is low.”). Respondents fail
to point to any burdens on the government if it were to have provided proper notice,
reasoning, and a pre-deprivation hearing. See generally Response.
Therefore, because Respondents detained Petitioner by revoking her parole in
violation of the Due Process Clause, her detention is unlawful. See, e.g., Alegria Palma v.
Larose et al., No. 25-cv-1942 BJC (MMP), slip op. at 14 (S.D. Cal. Aug. 11, 2025)
(granting a TRO based on a procedural due process challenge to a revocation of parole
without a pre-deprivation hearing); Navarro Sanchez v. LaRose, 2025 WL 2770629, at *5
(S.D. Cal. Sept. 26, 2025) (granting a writ of habeas corpus releasing petitioner from
custody to the conditions of her preexisting parole on due process grounds).
C. 	Administrative Procedure Act (“APA”)
Petitioner argues that Respondents’ conduct also violates the APA. Pet. ¶¶ 86-96.
The Court agrees.
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The APA requires courts to hold challenged final agency actions unlawful when the
actions are “arbitrary, capricious, and abuse of discretion, or otherwise not in accordance
with law.” 5 U.S.C. § 706(2)(A). Agency action is arbitrary and capricious when the
agency fails to “examine the relevant data and articulate a satisfactory explanation for its
action 	including 	a 	‘rational 	connection 	between 	the 	facts 	found 	and 	the 	choice
made.’” Motor Vehicle Mfrs. Ass’n of the U.S., Inc. v. State Farm Mut. Auto. Ins., 463 U.S.
29, 43 (1983) (quoting Burlington Truck Lines v. United States, 371 U.S. 156, 168 (1962)).
When an agency changes its policies, it also “must be cognizant that longstanding policies
may have engendered serious reliance interests that must be taken into account.” Dept. of
Homeland Security v. Regents of the Univ. of Calif., 591 U.S. 1, 30 (2020) (internal
quotations and citations omitted). A government agency terminating an alien’s status is
subject to review under the APA as a final agency action when the termination has lasting
consequences that would not be cured even if the agency reinstated status through its
internal processes. Jie Fang v. Dir. U.S. Immigr. & Customs Enf’t, 935 F.3d 172,183 (3rd
Cir. 2019); Doe v. Noem, 778 F.Supp.3d 1151, 1159 (W.D. Wash. April 17, 2025).
Here, given Respondent’s position that Petitioner is inadmissible and in removal
proceedings (ECF No. 7 at 2), their termination of her parole status is reviewable as a final
agency action that will have lasting incurable consequences. The record here shows that
before Petitioner was arrested and detained in October 2025, DHS did not articulate a
satisfactory explanation including a “rational connection between the facts found and
choice made” for the change to Petitioner’s status. See Motor Vehicle Mfrs. Ass’n., 463
U.S. at 43. In fact, Respondents do not state any reasons for the revocation of Petitioner’s
parole based on any individualized facts about her case in their Response at all. See
Response. Because Respondents revoked Petitioner’s parole and detained her without any
rational individualized fact-finding, Respondents acted arbitrarily and capriciously in
violation of the APA. See, e.g., Navarro Sanchez, 2025 WL 2770629, at *4 (finding
revocation of petitioner’s parole arbitrary and capricious because respondents did not state
any reasons for the revocation); Noori, 2025 WL 2800149, at *3 (“Petitioner’s parole was
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revoked without an individualized determination or provided reasoning, which violated the
APA.”).
Respondents’ violation of the APA in their decision to revoke Petitioner’s parole
and detain her with no notice or reasoning constitutes adequate and independent grounds
by which her confinement is unlawful. This Court also GRANTS Petitioner’s Petition on
this basis.
IV. 	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 immediately release
Petitioner from custody subject to the conditions of her preexisting parole. 	The Court
ORDERS, prior to any re-detention of Petitioner, that Petitioner is entitled to notice of the
reasons for revocation of her parole and a hearing before a neutral decision maker to
determine whether detention is warranted. 	The government shall bear the burden of
establishing, by clear and convincing evidence, that Petitioner poses a danger to the
community or a risk of flight. The Parties are ORDERED to file a Joint Status Report by
January 16, 2026, confirming that Petitioner has been released.
IT IS SO ORDERED.
Dated: January 13, 2026
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