Southern District of California • 3:26-cv-03421

#1

Jun 01, 2026

Petition for Writ of Habeas Corpus against Christopher J. LaRose ( Filing fee $ 5 receipt number 169925.), filed by Shakir Karimov. (Attachments: # 1 Civil Cover Sheet, # 2 Letter, # 3 Memorandum, # 4 Exhibits 1- 7, # 5 Receipt)The new case number is 3:26-cv-3421-JO-VET. Judge Jinsook Ohta and Magistrate Judge Valerie E. Torres are assigned to the case.(ggv) (Entered: 06/05/2026)

#2

Jun 05, 2026

Minute Order by Judge Jinsook Ohta: The Court adopts the Standard Procedures for Immigration Habeas Petitions from Chief Judge Order No. 144 with the following modifications: The government's return shall identify and address any individualized concerns regarding Petitioner's danger to the community or flight risk, including the factual basis for any such concerns. Petitioner's optional traverse shall be due within three days of the government's return. Further, the Court sets a hearing on the petition for July 2, 2026 at 9:30 AM. All parties shall appear by videoconference for the hearing. The courtroom deputy will provide the videoconference information ahead of the hearing, which will proceed unless the Court issues a written decision on the merits ahead of the hearing date. Parties are directed to check the docket at 5:00 PM the day before the hearing. Signed by Judge Jinsook Ohta on 6/5/2026. (mk) (Entered: 06/05/2026)

Jun 05, 2026

Minute Order (No Time) AND ~Util - Set Deadlines/Hearings

#3

Jun 09, 2026

Notice of Appearance

#4

Jun 12, 2026

Motion to File Documents Under Seal

#5

Jun 12, 2026

Sealed Lodged Proposed Document

#6

Jun 16, 2026

Minute Order by Judge Jinsook Ohta: The Court VACATES the July 2, 2026 hearing. The Court will issue its ruling as soon as practicable after July 2, 2026, following its consideration of a separate habeas petition presenting similar issues. Signed by Judge Jinsook Ohta on 6/16/2026. (mk) (All non-registered users served via U.S. Mail Service) (rxc). (Entered: 06/16/2026)

Jun 16, 2026

Minute Order (No Time)

#7

Jul 08, 2026

Order

#8

Jul 13, 2026

Minute Order by Judge Jinsook Ohta: Shakir Karimov filed a petition for writ of habeas corpus challenging his prolonged detention without a bond hearing as a violation of the Fifth Amendment Due Process Clause. Dkt. 1. For the reasons stated below, the Court GRANTS the habeas petition.. On October 6, 2025, Petitioner entered the United States to seek asylum to flee political persecution and was immediately detained by immigration officials. Dkt. 1; Dkt. 5-1 at 4. On June 8, 2026, an immigration judge ordered Petitioner removed to Azerbaijan and denied all other relief. Dkt. 5-1 at 52-55. The Court takes judicial notice that Petitioner filed an appeal with the Board of Immigration Appeals ("BIA") on June 22, 2026, which remains pending. See EOIR Automated Case Information, https://acis.eoir.justice.gov/en/caseInformation; Daniels-Hall v. Nat'l Educ. Ass'n, 629 F.3d 992, 998-99 (9th Cir. 2010) (government online sources are proper subjects of judicial notice as they are capable of accurate and ready determination). Meanwhile, Petitioner has remained in immigration custody without a bond hearing for over nine months. See Dkt. 1.2. For the reasons stated in Faizi v. Larose, No. 25-CV-02974-JO-MSB, 2026 WL 1112035, at *3 (S.D. Cal. Apr. 24, 2026), the Court finds that 8 U.S.C. §§ 1252(g), (a)(5), and (b)(9) do not bar Petitioner's collateral challenges to the constitutionality and legality of his current detention.3. For the reasons stated in Faizi, No. 25-CV-02974-JO-MSB, 2026 WL 1112035, *3-*5, the Court examines whether, notwithstanding statutory authorization, Petitioner's prolonged detention without a bond hearing violates the Due Process Clause. As explained in Faizi, the Court considers the likely duration of detention---both elapsed and anticipated---and whether Petitioner has delayed proceedings in bad faith. See id. Here, Petitioner has been detained for over nine months, and his immigration proceedings remain pending before the BIA. See Dkt. 5-1 at 4; EOIR Automated Case Information, https://acis.eoir.justice.gov/en/caseInformation. Further appeal from either side would extend detention by months or years, such that the total period of confinement could approach or exceed a year without any showing of undue or bad faith delay by Petitioner. This duration of civil detention without a bond hearing gravely risks the erroneous deprivation of Petitioner's liberty interest. Respondent argues that the government has an interest in detaining Petitioner because he is a flight risk. See Dkt. 5 at 2-3. While flight risk may justify Petitioner's detention following a bond hearing, it does not justify the denial of a bond hearing.4. For the reasons stated in Mubanga v. Mullin, No. 26-CV-02565-JO-AHG, --- F.Supp.3d ---, 2026 WL 1945743 (S.D. Cal. July 6, 2026), the Court finds that the appropriate remedy is release. If the government believes that Petitioner presents a flight risk or a danger warranting continued detention, it must first hold a bond hearing to justify that detention.The Court's ruling and injunctive terms are set forth in a separate order at Dkt. 9. 1 Signed by Judge Jinsook Ohta on 7/13/2026. (mk) (All non-registered users served via U.S. Mail Service)(rxc). (Entered: 07/13/2026)

#9

Jul 13, 2026

Order

#10

Jul 13, 2026

Judgment - Clerk

Jul 13, 2026

Minute Order (No Time)

#11

Jul 14, 2026

Notice (Other)

#12

Jul 29, 2026

Mail Returned