Case Name in Immigration Case - Unavailable

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26-CV-1685-GPC-JLB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ADOLFO REYNALDO ROS
MONTEJO,
Petitioner,
v.
CHRISTOPHER J. LAROSE, et al.,
Respondents.
Case No.: 26-CV-1685-GPC-JLB
ORDER GRANTING IN PART
PETITION FOR WRIT OF HABEAS
CORPUS
[ECF No. 1]
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.
BACKGROUND
Petitioner is a citizen and national of Guatemala who entered the United States
without inspection in 2002. ECF No. 1 (“Pet.”) ¶ 25. He resided in the interior of the United
States continuously under 2019 to care for his sick father. Id. ¶ 25. He returned to the
United States in 2022 by crossing unlawfully and was not apprehended upon his arrival.
Id. 	On March 2, 2026, U.S. Immigration and Customs Enforcement (“ICE”) officers
stopped his nephew’s truck and detained Petitioner. Id. ¶ 26. He was only a passenger of
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26-CV-1685-GPC-JLB
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the vehicle. Id. Petitioner was subsequently transferred to the Otay Mesa Detention Center,
where he remains detained. Id.
Petitioner alleges that his detention without a bond hearing violates his Fifth
Amendment due process rights and the Immigration and Nationality Act (“INA”). Id. ¶¶
29-34. Specifically, Petitioner argues that his detention is governed by 8 U.S.C. § 1226(a)
rather than § 1225(b)(2). Id. ¶¶ 48-49.
Petitioner requests an order requiring his release, an order for a constitutionally
adequate bond hearing in the alternative, or any other relief this Court deems proper. Id. at
8. Respondents have filed a notice of non-opposition as to a bond hearing for Petitioner.
ECF No. 4. 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. §
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.
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;
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26-CV-1685-GPC-JLB
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• 	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 Clerk of Court SHALL enter judgment in Petitioner's favor and close this
case.
IT IS SO ORDERED.
Dated: March 24, 2026
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