3:26-cv-01235•Case Name in Immigration Case - Unavailable
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- 1 - 26cv1235 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 OSWALDO CHAVEZ-CASTANON, Petitioner, v. GREGORY J. ARCHAMBEAULT, et al., Respondents. Case No. 26-cv-01235-BAS-BLM ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS (ECF No. 1) Petitioner Oswaldo Chavez-Castanon filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, ostensibly to enforce his rights as a member of the Maldonado Bautista class, and he seeks either immediate release or a bond hearing within seven days. (ECF No. 1.) The Government responded to the Petition, acknowledging that “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. 4.) Since the Petition and Return were filed, the Ninth Circuit limited application of the class in Maldonado Bautista to the Central District of California and stayed its application to all other potential class members. See Maldonado Bautista v. U.S. Dep’t of Homeland Sec., No. 26-1044 (9th Cir. Mar. 6, 2026). Nonetheless, this Court finds the rationale of Case 3:26-cv-01235-BAS-BLM Document 5 Filed 03/10/26 PageID.<pageID> Page 1 of 3
- 2 - 26cv1235 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 Maldonado Bautista is still applicable to Petitioner, and thus, the Court GRANTS the Petition and orders that Petitioner be given a bond hearing within 7 days. I. LEGAL STANDARD A writ of habeas corpus is “available to every individual detained within the United States.” Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004). “The traditional function of the writ is to secure release from illegal custody.” Preiser v. Rodriguez, 411 U.S. 475, 484 (1973). A court may grant a writ of habeas corpus to a petitioner who demonstrates he or she is in custody in violation of the Constitution or federal law. 28 U.S.C. § 2241(c)(3). It applies to non-citizens detained within the United States. Zadvydas v. Davis, 533 U.S. 678, 687 (2001). Since Petitioner is in custody and since he is seeking release from custody, he has standing to pursue this Petition. II. ANALYSIS Petitioner entered the United States without inspection twenty years ago and was not apprehended upon his arrival. (Pet. ¶ 5b, ECF No. 1.) The Department of Homeland Security (“DHS”) arrested him on July 14, 2025, in the interior of the United States. (Id. ¶ 6.) Petitioner has been unable to get a bond hearing before an Immigration Judge on the ground that his detention was mandatory pursuant to Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Id.) The Central District of California certified a class and essentially overruled Yajure Hurtado. Maldonado Bautista v. Santacruz, __ F. Supp. 3d __, 2025 WL 3713982 (C.D. Cal. Dec. 18, 2025). This Court has previously held in multiple cases that it agrees with the Central District in Maldonado Bautista that an individual in Petitioner’s situation is not subject to mandatory detention under Section 1225. See, e.g., Gregorio v. LaRose, No. 25- cv-03322-BAS-BJW, 2025 WL 3653998 (S.D. Cal. Dec. 17, 2025); Zayas v. Gordon, No. 26-cv-00237-BAS-DEB, 2026 WL 266275 (S.D. Cal. Feb. 2, 2026); Trujillo v. Noem, No. 26-cv-00268-BAS-VET, 2026 WL 266496 (S.D. Cal. Feb. 2, 2026). Hence, for all of the reasons stated in these previous opinions, and regardless of whether Petitioner is or is not a member of the Maldonado Bautista class, the Court GRANTS the Petition. Case 3:26-cv-01235-BAS-BLM Document 5 Filed 03/10/26 PageID.<pageID> Page 2 of 3
- 3 - 26cv1235 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 III. CONCLUSION Accordingly, the Court issues the following writ: The Court ORDERS a bond hearing before an Immigration Judge for Oswaldo Chavez-Castanon within 7 days of the date of this Order. The bond hearing shall be governed by 8 U.S.C. § 1226(a), not § 1225(b)(2). If no bond hearing is held within 7 days, Petitioner is ordered released forthwith. The Clerk of the Court shall close the case. IT IS SO ORDERED. DATED: March 10, 2026 Hon. Cynthia Bashant, Chief Judge United States District Court Case 3:26-cv-01235-BAS-BLM Document 5 Filed 03/10/26 PageID.<pageID> Page 3 of 3
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