3:26-cv-00498•Pacheco v. Larose et al
Texto completo
1 26cv0498-LL-KSC 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 FRANCISCO ROBLEDO PACHECO, Petitioner, v. CHRISTOPHER J. LAROSE, in his official capacity as Warden of Otay Mesa Detention Center; et al., Respondents. Case No.: 26cv0498-LL-KSC ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 [ECF No. 1] Before the Court is Petitioner Robledo Pacheco’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 1 (“Pet.”). Respondents filed a Response in which they acknowledge that (1) Petitioner is a member of the Bond Eligible Class certified in Maldonado Bautista v. Santacruz, No. 5:25-cv-01873-SSS-BFM, 2025 WL 3288403 (C.D. Cal. Nov. 25, 2025); (2) a final judgment has been entered as to the Bond Eligible Class; and (3) per the entry of final judgment, 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). ECF No. 6; Maldonado Bautista v. Noem, / / / / / / Case 3:26-cv-00498-LL-KSC Document 8 Filed 02/20/26 PageID.<pageID> Page 1 of 2
2 26cv0498-LL-KSC 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 No. 5:25-CV-01873-SSS-BFM, 2025 WL 3678485, at *1 (C.D. Cal. Dec. 18, 2025) (entering final judgment for members of the Bond Eligible Class).1 Accordingly, the Court ORDERS as follows: 1. Petitioner’s Petition for Writ of Habeas Corpus is GRANTED. 2 2. Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a) within seven (7) days of the date of this order. The Court notes that Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025), has been vacated as contrary to law under the Administrative Procedure Act, and cannot be invoked to decline jurisdiction by the immigration judge. Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, 2026 WL 468284, at *10 (C.D. Cal. Feb. 18, 2026).3 3. The Clerk of Court shall enter judgment in Petitioner’s favor and close this case. IT IS SO ORDERED. Dated: February 20, 2026 1 Subsequent to entry of judgment, the respondents in Maldonado Bautista filed a Notice of Appeal. However, the Ninth Circuit has held the filing of an appeal does not suspend the preclusive effect of a lower court judgment. Hawkins v. Risley, 984 F.2d 321, 324 (9th Cir. 1993) (citations omitted). 2 In the Petition’s prayer for relief [Pet. at 17], Petitioner requests attorney’s fees and costs under the Equal Access to Justice Act, which the Court DENIES without prejudice. 3 This addresses Petitioner’s concern that a new bond hearing would be denied due to the continued reliance of immigration judges on Matter of Yajure Hurtado. ECF No. 7. Case 3:26-cv-00498-LL-KSC Document 8 Filed 02/20/26 PageID.<pageID> Page 2 of 2
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.