Subedi v. Noem et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
SAILESH SUBEDI,
Petitioner,
v.
KRISTI NOEM, et al.,
Respondents.
Case No. 26-cv-00569-BAS-VET
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
(ECF No. 1)
Petitioner Sailesh Subedi filed a Petition for Writ of Habeas Corpus pursuant to
28 U.S.C. § 2241, alleging that he is unlawfully detained by Immigration and Customs
Enforcement (“ICE”). 	(ECF No. 1.) 	The Government responded, and Petitioner filed a
Traverse. (ECF Nos. 4, 5.) The Court then held a hearing on the Petition.
For the reasons expressed at the hearing, the Court GRANTS the Petition. 	The
Court issues the following writ and injunctive relief:
The Court ORDERS that Sailesh Subedi (A#249-140-539) be released from
immigration custody forthwith.
The Court further enjoins ICE from re-detaining Petitioner Sailesh Subedi
unless and until Respondents obtain a travel document for his removal. 	If
Respondents intend to remove Petitioner to a third country, Respondents are
ordered to provide written notice of the third country to Petitioner and
Case 3:26-cv-00569-BAS-VET Document 7 Filed 02/13/26 PageID.<pageID> Page
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Petitioner’s counsel. 	Respondents are ordered to give Petitioner and his
counsel said notice at least ten days before removal to give them a meaningful
opportunity to raise opposition to the third country.
The Clerk of the Court is to close the case.
IT IS SO ORDERED.
DATED: February 13, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:26-cv-00569-BAS-VET Document 7 Filed 02/13/26 PageID.<pageID> Page
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