Ruiz Estrada v. Divver et al

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25-CV-3801 JLS (AHG)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
OSCAR MARTIN RUIZ ESTRADA,
Petitioner,
v.
PATRICK DIVVER, Field Office
Director of Enforcement and Removal
Operations, San Diego Field Office,
Immigration and Customs Enforcement, et
al.,
Respondents.
Case No.: 25-CV-3801 JLS (AHG)
ORDER GRANTING IN PART
PETITION FOR WRIT OF
HABEAS CORPUS
(ECF No. 1)
Presently before the Court isOscar Martin Ruiz Estrada’s Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2241 (“Pet.,” ECF No. 1). 	Also before the Court is
Respondents Patrick Divver’s (Field Office Director of Enforcement and Removal
Operations, San Diego Field Office, Immigration and Customs Enforcement), Kristi
Noem’s (Secretary of the U.S. Department of Homeland Security), Pamela Bondi’s
(Attorney General of the United States), and Christopher J. Larose’s (Warden of Otay Mesa
Detention Center) (collectively, “Respondents”) Return to Habeas Petition (“Ret.,” ECF
No. 4). 	Petitioner did not file a Traverse. 	See generally Docket. 	Petitioner, a Mexican
national, 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
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Mesa Detention Center since August 17, 2025. Pet. ¶ 5. Petitioner claims that he is entitled
to release and a bond hearing. Id. ¶¶ 5, 10–11.
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.
Cal. Nov. 25, 2025).1 Ret. at 2. Because of this, Respondents “acknowledge that Petitioner
is detained under 8 U.S.C. § 1226(a) and [is] entitled to an order from this Court directing
a bond hearing be held pursuant to 8 U.S.C. § 1226(a).” Id. 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 6. 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 On December 18, 2025, the Bautista Court entered final judgment finding that the July 8, 2025, DHS
Notice redefining who is considered an “applicant for admission” under 8 U.S.C. § 1225(b)(2)(A) is
unlawful under the Administrative Procedure Act. 	Maldonado Bautista, No. 25-CV-1873-SSS-BFM,
ECF No. 94.
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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: January 9, 2026
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