Case Name in Immigration Case - Unavailable

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26-cv-01423-GPC-VET
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
EVERALDINO PEREIRA DOS
SANTOS,
Petitioner,
v.
MOISES BECERRA, Acting Director of
Field Office, U.S. Immigration and
Customs Enforcement; TODD LYONS,
Acting Director, U.S. Immigration and
Customs Enforcement; KRISTI NOEM,
Secretary of the U.S. Department of
Homeland Security; CHRISTOPHER J.
LAROSE, Warden of the Otay Mesa
Detention Center;
Respondents.
Case No.: 26-cv-01423-GPC-VET
ORDER GRANTING IN PART
PETITION FOR WRIT OF HABEAS
CORPUS; DENYING AS MOOT
MOTION FOR TEMPORARY
RESTRAINING ORDER.
[ECF Nos. 1, 7]
Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus. For the
reasons set forth below, the Court GRANTS IN PART the Petition and ORDERS that
Respondents provide Petitioner with an individualized bond hearing under 8 U.S.C. §
1226(a) within seven (7) days. Petitioner has also filed an emergency motion for a
temporary restraining order (TRO). ECF No. 7. Because the TRO motion raises identical
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arguments as the Petition and seeks relief pending the Court’s resolution of the Petition—
which is now resolved—the Court DENIES the motion as MOOT.
BACKGROUND
Petitioner entered the United States in May of 2024. ECF No. 1, ¶ 1. On September
8, 2025, ICE detained Petitioner while he was driving home in Malden, Massachusetts. Id.
¶ 2. Petitioner has no criminal background, and has now been detained for six months
without a bond hearing. Id. ¶¶ 3-4.
Petitioner alleges that his detention without a bond hearing violates his Fifth
Amendment due process rights, the Immigration and Nationality Act, and the
Administrative Procedure Act. Id. ¶¶ 16-30. Specifically, Petitioner argues that his detention is
governed by 8 U.S.C. § 1226(a) rather than § 1225(b)(2). Id.
Petitioner requests an order requiring his release, or any other relief this Court deems
proper. Id. at 7. Respondents have filed a notice of non-opposition as to a bond hearing for
Petitioner.1 ECF No. 3. Thus, Respondents have “effectively concede[ed]” that Petitioner
is detained under § 1226(a) rather than § 1225(b)(2) and has been unlawfully denied a bond
hearing. See Vardanyan v. Noem, No. 5:26-CV-00423-MRA-RAO, 2026 WL 383341, at
*2 (C.D. Cal. Feb. 11, 2026).
DISCUSSION
Given Petitioner’s allegations, a bond hearing is the appropriate remedy in this case.
Section 1226 requires only consideration of release on bond, and a bond hearing is
therefore sufficient to correct the unopposed violations outlined in the Petition. See 8
U.S.C. § 1226(a); Garcia v. Noem, 803 F. Supp. 3d 1064, 1078 (S.D. Cal. 2025) (finding
a bond hearing, rather than release, to be the appropriate remedy where Petitioner was
wrongfully subjected to mandatory detention without a hearing under 8 U.S.C. §
1 Respondents’ non-opposition reads, in its entirety: “Respondents submit their Notice of
Non-Opposition to a bond hearing for Petitioner in this matter, subject to supervision
during his removal proceedings.” ECF No. 3.
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1225(b)(2) rather than provided a bond hearing under § 1226(a)); Esquivel-Ipina v. LaRose,
--- F. Supp. 3d ---, 2025 WL 2998361, at *6 (S.D. Cal. Oct. 24, 2025) (same). If
Respondents fail to comply with this order, Petitioner may seek further relief from the
Court at that time.
Petitioner has also moved for a temporary restraining order (TRO) pending this
Court’s ruling on his Petition. ECF No. 7. The motion raises the same claims and arguments
addressed in the Petition and seeks maintenance of the status quo pending the Court’s
consideration of the Petition. See id. Because the Court now grants the Petition, in part, the
Court need not separately consider the merits of Petitioner’s TRO motion.
CONCLUSION
Accordingly, the Court ORDERS as follows:
• Respondents are ORDERED to provide Petitioner with a bond hearing under
8 U.S.C. § 1226(a) within seven (7) days of this Order;2
• Respondents are ORDERED to FILE a Notice of Compliance within seven
(7) days of the hearing confirming that Petitioner was provided with a bond
hearing and stating whether Petitioner was released on bond;
• Respondents SHALL NOT deny Petitioner’s bond on the basis that 8 U.S.C.
§ 1225(b)(2) requires mandatory detention;
• Respondents SHALL NOT transfer Petitioner from this district pending his
bond hearing;
• The Court DENIES Petitioner’s motion for temporary restraining order, ECF
No. 7, as moot;
2 In his prayer for relief, Petitioner requests an award of costs and reasonable attorney’s
fees pursuant to the Equal Access to Justice Act. ECF No. 1, at 7. That request is DENIED
without prejudice. Petitioner’s counsel may submit an appropriate EAJA fee application
within 30 days of the issuance of this Order.
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• The Clerk of Court SHALL enter judgment in Petitioner's favor and close this
case.
IT IS SO ORDERED.
Dated: March 12, 2026
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