Southern District of California • 3:25-cv-03184
Reyes-Albenas v. Noem
Completed
Case Information
Filed: November 17, 2025
Assigned to:
Todd Wallace Robinson
Referred to:
Brian J. White
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241fd Petition for Writ of Habeas Corpus (federal)
Completed: December 04, 2025
Last Activity:
December 04, 2025
Parties:
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Docket Entries
#1
Nov 17, 2025
Petition for Writ of Habeas Corpus Against Kristi Noem, Pamela Jo Bondi, Todd M. Lyons, Jesus Rocha, Christopher LaRose, (Filing fee $5.00 receipt number 165069.), filed by Osmel Benito Reyes-Albenas. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Receipt)The new case number is 3:25-cv-3184-TWR-BJW. Judge Todd W. Robinson and Magistrate Judge Brian J. White are assigned to the case.(ggv)(jrd) (Entered: 11/19/2025)
#2
Nov 17, 2025
MOTION to Appoint Counsel by Osmel Benito Reyes-Albenas. (Attachments: # 1 Exhibit A)(ggv)(jrd) (Entered: 11/19/2025)
Main Document:
Appoint Counsel
#3
Nov 17, 2025
MOTION for Temporary Restraining Order by Osmel Benito Reyes-Albenas. (ggv)(jrd) (Entered: 11/19/2025)
#4
Nov 20, 2025
NOTICE of Appearance by Zandra Lopez on behalf of Osmel Benito Reyes-Albenas (Lopez, Zandra)Attorney Zandra Lopez added to party Osmel Benito Reyes-Albenas(pty:pet) (sjt). (Entered: 11/20/2025)
Main Document:
Notice of Appearance
#5
Nov 21, 2025
ORDER Requiring Respondents to Respond to Petition; granting 2 Motion to Appoint Counsel ; granting 3 Motion for Temporary Restraining Order. Order to Show Cause Hearing set for 12/4/2025 01:30 PM before Judge Todd W. Robinson. Signed by Judge Todd W. Robinson on 11/21/2025. (sjt) (Entered: 11/21/2025)
Main Document:
Order on Motion for TRO AND Order on Motion to Appoint Counsel
#6
Nov 21, 2025
CERTIFICATE OF SERVICE by Osmel Benito Reyes-Albenas re 5 Order on Motion to Appoint Counsel,, Order on Motion for TRO, 1 Petition for Writ of Habeas Corpus, (Lopez, Zandra) (sjt). (Entered: 11/21/2025)
Main Document:
Certificate of Service
#7
Nov 25, 2025
NOTICE of Appearance as lead counsel by Kelly Ann Reis on behalf of Pamela Jo Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Jesus Rocha (Reis, Kelly)Attorney Kelly Ann Reis added to party Pamela Jo Bondi(pty:res), Attorney Kelly Ann Reis added to party Christopher LaRose(pty:res), Attorney Kelly Ann Reis added to party Todd M. Lyons(pty:res), Attorney Kelly Ann Reis added to party Kristi Noem(pty:res), Attorney Kelly Ann Reis added to party Jesus Rocha(pty:res) (sjt). (Entered: 11/25/2025)
Main Document:
Notice of Appearance
#8
Nov 25, 2025
NOTICE of Appearance as co-counsel by Erin Dimbleby on behalf of Pamela Jo Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Jesus Rocha (Dimbleby, Erin)Attorney Erin Dimbleby added to party Pamela Jo Bondi(pty:res), Attorney Erin Dimbleby added to party Christopher LaRose(pty:res), Attorney Erin Dimbleby added to party Todd M. Lyons(pty:res), Attorney Erin Dimbleby added to party Kristi Noem(pty:res), Attorney Erin Dimbleby added to party Jesus Rocha(pty:res) (sjt). (Entered: 11/25/2025)
Main Document:
Notice of Appearance
#9
Dec 03, 2025
RESPONSE in Opposition re 3 MOTION for Temporary Restraining Order and Return to Petition filed by Pamela Jo Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Jesus Rocha. (Attachments: # 1 Declaration of David Townsend, # 2 Exhibit)(Reis, Kelly) (sjt). (Entered: 12/03/2025)
#10
Dec 04, 2025
Minute Entry for proceedings held before Judge Todd W. Robinson: Show Cause Hearing held on 12/4/2025. The Court finds that 8 U.S.C. § 1252's jurisdiction stripping provisions do not bar this Court from considering Petitioner's habeas petition. The Court further finds that requiring petitioner to exhaust available administrative remedies would be futile because the IJ and BIA would apply clearly binding precedent of Matter of Yajure Hurtado to find that detention is mandatory in this instance under 8 U.S.C. § 1225(b)(2). The record establishes that ICE failed to comply with 8 C.F.R. Section 241.12(i)(2). The Petition is therefore granted and the Respondent is ordered to release Petitioner from immigration custody under the previously imposed terms of supervision. The Respondent is further enjoined from removing Petitioner to any country other than Cuba, unless it provides the following process: Written notice to both Petitioner and Petitioner's counsel in a language Petitioner can understand; A meaningful opportunity for the Petitioner to raise a fear of return for eligibility for CAT protections; and If Petitioner is found to have demonstrated "reasonable fear" of removal to the third country, the Government must move to reopen Petitioner's immigration proceedings; or If Petitioner is not found to have demonstrated "reasonable fear" of removal to the third country, a meaningful opportunity and minimum of fifteen (15) days for the Petitioner to seek reopening of his immigration proceedings.(Court Reporter/ECR Cami Kircher). (Plaintiff Attorney Zandra Lopez). (Defendant Attorney AUSA Erin Dimbleby). (no document attached) (jao) (Entered: 12/04/2025)
Dec 04, 2025
Show Cause Hearing
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