Southern District of California • 3:26-cv-04282

#1

Jul 24, 2026

Petition for Writ of Habeas Corpus against Warden, Otay Mesa Detention Center ( Filing fee $ 5 receipt number 171111.), filed by Nestor Darinel Morales Ramirez. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration of Susana Diosalina Espinoza De Leon as Next Friend, # 3 Declaration of Susana Diosalina Espinoza De Leon in Support of Petition for Writ of Habeas Corpus (Redacted), # 4 Declaration of Susana Diosalina Espinoza De Leon in Support of Petition for Writ of Habeas Corpus (Unredacted), # 5 Passport ID, # 6 Exhibit - U.S. Department of Homeland Security, # 7 Receipt)The new case number is 3:26-cv-4282-JO-GC. Judge Jinsook Ohta and Magistrate Judge Guillermo Cabrera are assigned to the case.(ggv) (Entered: 07/27/2026)

#2

Jul 27, 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 August 13, 2026 at 9:30 AM. All parties may 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 07/27/2026. (rh) (Entered: 07/27/2026)

Jul 27, 2026

Minute Order (No Time) AND ~Util - Set Motion and R&R Deadlines/Hearings

#3

Jul 29, 2026

Notice of Appearance

#4

Aug 03, 2026

Return to Petition for Writ of H/C

#5

Aug 04, 2026

Minute Order by Judge Jinsook Ohta: Nestor Darinel Morales Ramirez filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 challenging his detention as a violation of due process. See Dkt. 1. 1. Petitioner entered the United States illegally and has continuously resided in the country since prior to March 29, 2025. See Dkt. 1-2; Dkt. 4-1 at 6. On June 5, 2026, Petitioner was arrested by immigration officers and has since been detained without a bond hearing at the Otay Mesa Detention Center. Dkt. 1 at 2. 2. For the reasons stated in Rodriguez Vasquez v. Bostock, No. 25-6842, ---F.4th--- (9th Cir. July 30, 2026) and Esquivel Pacheco v. LaRose, 818 F. Supp. 3d 1168, 1174-75 (S.D. Cal. 2026), the Court finds that (i) 8 U.S.C. §§ 1252(g), (a)(5), and (b)(9) do not bar Petitioner's collateral challenge to the constitutionality and legality of his current detention; and (ii) Petitioner is subject to the discretionary detention framework of § 1226, not § 1225(b)(2), because he was already residing in the United States at the time of his arrest. See Dkt. 1-2; Dkt. 4-1 at 6. 3. The Court further finds that the government violated Petitioner's Fifth Amendment due process rights by revoking his release without an individualized determination of flight risk or danger to the public. Mathews v. Elridge, 424 U.S. 319, 321 (1976) (due process analysis considers (1) "the private interest that will be affected by the [government] action"; (2) "the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional procedural safeguards"; and (3) "the Government's interest, including the fiscal and administrative burdens that the additional or substitute procedures would entail."). In Hernandez v. Sessions, 872 F.3d 976 (9th Cir. 2017), the Ninth Circuit recognized that a noncitizen's interest in freedom from physical confinement itself constitutes a core liberty interest protected by the Due Process Clause. Although Petitioner appears to have two prior DUI convictions, see Dkt. 4 at 2; Dkt. 4-1, the government has offered no evidence that it detained him after considering those facts and making an individualized determination of his danger to the public or flight risk. See 8 C.F.R. § 1236.1(c)(8). Instead, Respondents afforded Petitioner no process before detaining him. The absence of any individualized determination significantly risked erroneously depriving Petitioner of his liberty interest, and the government has offered no evidence that the burdens of providing such process would outweigh this substantial liberty interest. Therefore, the Court finds that Petitioner has been subjected to unconstitutional detention and orders his immediate release.4. Because Petitioner is entitled to a bond hearing to justify his detention pursuant to 8 U.S.C. § 1226, the Court further enjoins Respondent from redetaining Petitioner without first providing a bond hearing before an immigration judge to justify a deprivation of his liberty interest. See, e.g., Aceros v. Kaiser, No. 25-CV-06924-EMC (EMC), 2025 WL 2637503, at *12 (N.D. Cal. Sept. 12, 2025); Valencia Zapata v. Kaiser, 801 F. Supp. 3d 919, 938 (N.D. Cal. 2025); O.G. v. Albarran, No. 1:26-CV-00010-TLN-DMC, 2026 WL 19105, at *5 (E.D. Cal. Jan. 3, 2026). While § 1226 allows the government to hold a noncitizen in custody while it decides whether to initially grant release, a pre-deprivation hearing is the more appropriate remedy for individuals like Petitioner who already enjoy a liberty interest. In order to prevent an erroneous deprivation of that existing liberty interest and satisfy due process requirements, this hearing must take place prior to any detention. See Boumediene v. Bush, 553 U.S. 723, 779-80 (2008) (while habeas relief commonly includes release from physical imprisonment, "depending on the circumstances, more [relief] may be required"); Rodriguez v. Hayes, 591 F.3d 1105, 1117 (9th Cir. 2010) (holding that petitioner's release---revocable at the government's discretion---did not provide complete relief where petitioner sought a legal ruling that he could only be redetained upon a bond hearing); Clark v. Martinez, 543 U.S. 371, 376 n.3 (2005) (despite release, petitioner's habeas claim challenging the statutory authority for his detention "continue[d] to present a live case or controversy" because the court could provide relief to prevent redetention on the same allegedly unlawful basis).The Court's order and injunctive terms are set forth at Dkt. 6. Signed by Judge Jinsook Ohta on 08/04/2026. (rh) (All non-registered users served via U.S. Mail Service) (rxc). (Entered: 08/04/2026)

#6

Aug 04, 2026

Order granting habeas petition. Signed by Judge Jinsook Ohta on 08/04/2026. (rh) (All non-registered users served via U.S. Mail Service)(rxc). (Entered: 08/04/2026)

#7

Aug 04, 2026

CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the court GRANTS the Petitioner's Petition for Writ of Habeas Corpus and the case is hereby closed.(All non-registered users served via U.S. Mail Service)(rxc) (Entered: 08/04/2026)

Aug 04, 2026

Minute Order (No Time) AND ~Util - Terminate Motion and R&R Deadlines/Hearings

#8

Aug 06, 2026

Notice (Other)