Reyes Guerrero v. Casey et al

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26cv1052-LL-SBC
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JUAN CARLOS REYES GUERRERO,
Petitioner,
v.
JEREMY CASEY, WARDEN OF
IMPERIAL REGIONAL DETENTION
FACILITY, ET AL.,
Respondents.
Case No.: 26cv1052-LL-SBC
ORDER GRANTING IN PART
PETITION FOR WRIT OF HABEAS
CORPUS [ECF No. 1]
Presently before the Court is Petitioner Juan Carlos Reyes Guerrero’s Petition for a
Writ of Habeas Corpus under 28 U.S.C. § 2241. ECF No. 1 (“Pet.”). Petitioner seeks a writ
of habeas corpus directing Respondents to release him from custody or at a minimum, a
prompt and constitutionally adequate bond hearing under 8 U.S.C. § 1226(a). Id. ¶ 5.
Respondents failed to file a Return by the Court-issued deadline of February 25, 2026 at
4:30 p.m. ECF No. 2; see Docket. On February 27, 2026, Petitioner filed a Traverse and
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stated that in light of Respondents’ failure to file a Return, “Petitioner respectfully requests
that the Court rule on the pending Petition and grant appropriate relief.” ECF No. 3.
On March 1, 2026, Respondents filed a late-filed Return (ECF No. 4) 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, 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 IN PART.
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).
/ / /
/ / /
/ / /
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).
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3. 	The Clerk of Court shall enter judgment in Petitioner’s favor and close this
case.
IT IS SO ORDERED.
Dated: March 2, 2026
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