Godinez Garcia v. Casey et al

1
26-cv-187-JES-DEB
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
MARVIN ROCAEL GODINEZ GARCIA,
Petitioner,
v.
Jeremy CASEY, Warden, Imperial
Regional Detention Center, Calexico,
California; Daniel A. BRIGHTMAN,
Acting Field Office Director, San Diego
Office of Detention and Removal, U.S.
Immigrations and Customs Enforcement;
Todd M. LYONS, Acting Director,
Immigration and Customs Enforcement,
U.S. Department of Homeland Security;
Sirce OWEN, Acting Director for
Executive Office for Immigration Review;
Kristi NOEM, Secretary, U.S. Department
of Homeland Security; Pam BONDI,
Attorney General of the United States,
Respondents.
Case No.: 26-cv-187-JES-DEB
ORDER GRANTING PETITION FOR
WRIT OF HABEAS CORPUS
PURSUANT TO 8 U.S.C. § 2241
[ECF No. 1]
Before the Court is Petitioner Marvin Rocael Godinez Garcia’s Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2241, which was filed on January 13, 2026. ECF
No. 1. Pursuant to the Court’s Order to Show Cause, Respondents filed a Response to the
Petition. ECF No. 4.
Case 3:26-cv-00187-JES-DEB Document 7 Filed 01/22/26 PageID.<pageID> Page
1 of 2

2
26-cv-187-JES-DEB
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Respondents acknowledged that Petitioner must be considered detained under 8
U.S.C. § 1226(a), pursuant to the final judgment entered in Maldonado Bautista v.
Santacruz, No. 5:25-CV-01873-SSS-BFM, --- F. Supp. 3d ---, 2025 WL 3289861 (C.D.
Cal. Nov. 20, 2025). Accordingly, the Court GRANTS the Petition as follows:
(1) 	The Court ORDERS Respondents to provide Petitioner with a bond
determination hearing, under 8 U.S.C. § 1226(a), within seven days of
this Order. At the hearing, Respondents may not deny Petitioner bond
on the basis that he is detained under 8 U.S.C. § 1225(b)(2).
(2) 	If Respondents fail to provide Petitioner a bond hearing within the
specified time period or pursuant to 8 U.S.C. § 1226(a), the Court
ORDERS Petitioner’s immediate release;
(3) 	Respondents are ORDERED to File a Notice of Compliance within five
days of providing Petitioner with a bond redetermination hearing,
including apprising the Court of the results of the hearing; and
(4) 	The Clerk of Court is DIRECTED to CLOSE the suit after receipt of
Respondents’ Notice.
IT IS SO ORDERED.
Dated: January 22, 2026
Case 3:26-cv-00187-JES-DEB Document 7 Filed 01/22/26 PageID.<pageID> Page
2 of 2