Southern District of California • 3:26-cv-05423

#1

Sep 21, 2026

Petition for Writ of Habeas Corpus against Todd Blanche, Patrick Divver, Christopher LaRose, Todd Lyons, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement ( Filing fee $ 5 receipt number ACASDC-21662775.), filed by Redwan Nurhusen Neri. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration of Redwan Neru)The new case number is 3:26-cv-5423-JO-AHG. Judge Jinsook Ohta and Magistrate Judge Allison H. Goddard are assigned to the case. (McGoldrick, Brian)(anh) (Entered: 09/22/2026)

#2

Sep 22, 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 October 15, 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 9/22/2026. (ta) (Entered: 09/22/2026)

Sep 22, 2026

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

#3

Sep 23, 2026

NOTICE of Appearance and Substitute of Counsel by Michael David Stinnett-Kassoff on behalf of Todd Blanche, Patrick Divver, Christopher LaRose, Todd Lyons, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Stinnett-Kassoff, Michael)Attorney Michael David Stinnett-Kassoff added to party Todd Blanche(pty:res), Attorney Michael David Stinnett-Kassoff added to party Patrick Divver(pty:res), Attorney Michael David Stinnett-Kassoff added to party Christopher LaRose(pty:res), Attorney Michael David Stinnett-Kassoff added to party Todd Lyons(pty:res), Attorney Michael David Stinnett-Kassoff added to party Markwayne Mullin(pty:res), Attorney Michael David Stinnett-Kassoff added to party U.S. Department of Homeland Security(pty:res), Attorney Michael David Stinnett-Kassoff added to party U.S. Immigration and Customs Enforcement(pty:res)(gsw) (Entered: 09/23/2026)

#4

Sep 28, 2026

RETURN to Petition for Writ of H/C by Todd Blanche, Patrick Divver, Christopher LaRose, Todd Lyons, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit)(Stinnett-Kassoff, Michael)(gsw) (Entered: 09/28/2026)

#5

Sep 28, 2026

TRAVERSE to Petition for Writ of H/C by Redwan Nurhusen Neri, re 1 Petition for Writ of Habeas Corpus,, 4 Return to Petition for Writ of H/C, filed by Redwan Nurhusen Neri. (McGoldrick, Brian)(gsw) (Entered: 09/28/2026)

#6

Oct 02, 2026

Minute Order by Judge Jinsook Ohta: Redwan Nurhusen Neru, a citizen of Ethiopia, 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 without inspection on or about June 1, 2024 and was immediately detained by immigration officials. Id. P. 21. The next day, Department of Homeland Security ("DHS") released him on his own recognizance. Id. P. 22. On July 10, 2026, Immigration and Customs Enforcement ("ICE") officers arrested Petitioner at an Intensive Supervision Appearance Program visit. Id. PP. 27, 28. Petitioner has since been detained without a bond hearing at the Otay Mesa Detention Center. Id. P. 14.2. 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. 3. The Court further finds that Petitioner's continued detention without an individualized bond hearing violates the Due Process Clause of the Fifth Amendment. Mathews v. Eldridge, 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. Despite Petitioner's request for a bond hearing on July 10, 2026, the government has denied Petitioner the right to an individualized hearing to determine whether his continued detention is justified by his flight risk or danger to the public for over two months. See Dkt. 4-1 at 8; 8 C.F.R. § 1236.1(c)(8). The absence of an individualized determination at a bond hearing 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 grants his habeas petition.The Court's order and injunctive terms are set forth at Dkt. 7. (mk) (Entered: 10/02/2026)

#7

Oct 02, 2026

ORDER Granting Habeas Petition [Dkt. 1]. Signed by Judge Jinsook Ohta on 10/2/2026. (mk) (Entered: 10/02/2026)

#8

Oct 02, 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. (gsw) (Entered: 10/02/2026)

Oct 02, 2026

Minute Order (No Time)

#9

Oct 09, 2026

***WITHDRAWN PER ECF NO 10 *** Ex Parte MOTION for Extension of Time to File by Todd Blanche, Patrick Divver, Christopher LaRose, Todd Lyons, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Stinnett-Kassoff, Michael)(gsw) Modified on 10/9/2026 (gsw). (Entered: 10/09/2026)

#10

Oct 09, 2026

NOTICE OF WITHDRAWAL OF DOCUMENT by Todd Blanche, Patrick Divver, Christopher LaRose, Todd Lyons, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement re 9 Ex Parte MOTION for Extension of Time to File filed by Markwayne Mullin, U.S. Department of Homeland Security, Patrick Divver, U.S. Immigration and Customs Enforcement, Todd Blanche, Todd Lyons, Christopher LaRose . (Stinnett-Kassoff, Michael)(gsw) (Entered: 10/09/2026)

#11

Oct 09, 2026

STATUS REPORT by Todd Blanche, Patrick Divver, Christopher LaRose, Todd Lyons, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit)(Stinnett-Kassoff, Michael)(gsw) (Entered: 10/09/2026)