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3:26-cv-01221Casd10 de mar. de 2026

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3:26-cv-1221-CAB-BLM
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
PURNA BAOADUR BASNET a/k/a
PURNA BAHADUR BASNET,
Petitioner,
v.
JEREMY CASEY, et al.,
Respondents.
Case No.: 3:26-cv-1221-CAB-BLM
ORDER:
(1) GRANTING A WRIT OF
HABEAS CORPUS; and
(2) DENYING MOTION FOR
TEMPORARY RESTRAINING
ORDER AS MOOT [Doc. No. 2].
Petitioner Purna Bahadur Basnet filed a Petition for a Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241. 	[Doc. No. 1 (“Petition”).] 	Petitioner alleges that he is an
asylum seeker who arrived in the United States on October 4, 2024, was encountered and
processed by Customs and Border Protection, and was then released from custody on his
own recognizance under 8 U.S.C. § 1226(a)(2)(B). [Id. at 1, 13.] He applied for asylum,
obtained a work authorization, and complied with all terms of his release. [Id.] Then, on
November 8, 2025, Respondents detained Petitioner without notice and without a material
Case 3:26-cv-01221-CAB-BLM Document 8 Filed 03/10/26 PageID.<pageID> Page
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change in circumstances. [Id. at 2.] Petitioner has a bond hearing scheduled for March 17,
2026, [Doc. No. 7], but contends that a bond hearing is “an inadequate remedy for [his]
unlawful arrest and detention[.]” [Petition at 2].
Respondents do not contest any of Petitioner’s asserted facts. [Doc. No. 5.] Nor do
Respondents make any legal arguments against Petitioner’s claims that his detention
violates the Due Process Clause of the Fifth Amendment. 	[Petition at 16.] 	Instead,
Respondents say that Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a).
[Doc. No. 5.]
In light of Petitioner’s unrefuted facts and legal claims, the Court GRANTS a writ
of habeas corpus based on the reasoning the Court has articulated in similar cases. 	E.g.,
Tokhi v. LaRose, et al., Case No. 3:26-cv-0803-CAB-VET (S.D. Cal. Feb 19, 2026). The
Court therefore ORDERS Respondents to immediately release Petitioner with the same
conditions to which he was subject to immediately prior to his November 8, 2025 detention.
The Clerk of the Court shall close the case.
It is SO ORDERED.
Dated: March 10, 2026
Case 3:26-cv-01221-CAB-BLM Document 8 Filed 03/10/26 PageID.<pageID> Page
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