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3:26-cv-01556Casd19 de mar. de 2026

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26-cv-1556-JES-BJW
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JUAN CARLOS ESTRADA-
ALMAGER,
Petitioner,
v.
KRISTI NOEM, Secretary of the
Department of Homeland Security;
PAMELA JO BONDI, Attorney General;
TODD M. LYONS, Acting Director,
Immigration and Customs Enforcement;
JESUS ROCHA, Acting Field Office
Director, San Diego Field Office; and
CHRISTOPHER LAROSE, Warden at
Otay Mesa Detention Center,
Respondents.
Case No.: 26-cv-1556-JES-BJW
ORDER:
(1) GRANTING PETITION FOR
WRIT OF HABEAS CORPUS;
(2) DENYING AS MOOT JOINT
MOTION FOR EXTENSION OF
TIME; and
(3) DENYING AS MOOT JOINT
MOTION TO EXPEDITE RULING
[ECF Nos. 1, 4, 5]
Before the Court is Petitioner Juan Carlos Estrada-Almager’s (“Petitioner”) Petition
for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Petition”), filed on March 12,
2026. ECF No. 1 (“Pet.”). Pursuant to the Court’s Order to Show Cause, Respondents filed
a return on March 18, 2026. ECF No. 5 (“Return”). The parties also filed a joint motion for
Case 3:26-cv-01556-JES-BJW Document 7 Filed 03/19/26 PageID.<pageID> Page
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26-cv-1556-JES-BJW
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extension of time regarding the return prior to its filing, and a joint motion to expedite
ruling by this Court. ECF Nos. 4, 6.
Petitioner is a citizen of Cuba who has lived in the United States for over 30 years.
ECF No. 1 at 2. He was ordered deported over 20 years ago, and the government has not
been able to effectuate his removal since. Id. He was released on an order of supervision
in 2003. Id. Petitioner was re-detained by ICE on February 26, 2026, and has since been
told that Cuba will not accept his deportation. Id. Petitioner challenges his detention under
Zadvydas v. Davis and requests his immediate release. Id. at 11; 533 U.S. 678 (2001).
Respondents agree with Petitioner that he is “entitled to be released from custody”
under Zadvydas because “there is no evidence to suggest there is a significant likelihood
that Petitioner will be removed in the reasonably foreseeable future.” Return at 1-2. The
parties moved for an expedited ruling on the basis of their agreement that Petitioner is
entitled to be released. ECF No. 6.
Considering the parties’ agreement and the briefing in this matter, the Court
GRANTS Petitioner’s writ of habeas corpus. Respondents are ORDERED to immediately
release Petitioner from custody, subject to the conditions of his preexisting Order of
Supervision. The Parties are ORDERED to file a Joint Status Report no later than 5:00
p.m. on March 20, 2026, confirming that the Petitioner has been released. Because the
requested relief is granted, the Court DENIES AS MOOT the motion for extension of time
and the motion to expedite ruling. ECF Nos. 4, 6. The Clerk of Court is ORDERED to
CLOSE this case.
IT IS SO ORDERED.
Dated: March 19, 2026
Case 3:26-cv-01556-JES-BJW Document 7 Filed 03/19/26 PageID.<pageID> Page
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