Southern District of California • 3:26-cv-05745

Humberto v. La Rose

Completed

Case Information

Filed: October 07, 2026
Assigned to: Todd Wallace Robinson
Referred to: Janet A. Cabral
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (federal)
Completed: October 20, 2026
Last Activity: October 20, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 07, 2026
Petition for Writ of Habeas Corpus against Christopher J. La Rose ( Filing fee $ 5 receipt number 172834.), filed by Matias Matias Humberto. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt, # 3 Envelope)The new case number is 3:26-cv-5745-TWR-JAC. Judge Todd W. Robinson and Magistrate Judge Janet A. Cabral are assigned to the case. (Matias Matias Humberto)(sxb) (Entered: 10/08/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 09, 2026
MINUTE ORDER Requiring Response to Petition. In his 1 Petition for Writ of Habeas Corpus, Petitioner Matias Matias Humberto alleges, among other things, that he was not provided sufficient notice or an opportunity to be heard--as required by 8 C.F.R. § 212.5(e)(2)(1)--prior to his re-detention on July 21, 2026. The Court ORDERS Respondents TO SHOW CAUSE on or before October 19, 2026, why Petitioner should not be released from custody on that basis. (All non-registered users served via U.S. Mail Service)(no document attached) (sxe) (Entered: 10/09/2026)
Oct 09, 2026
Order
#3
Oct 13, 2026
NOTICE of Appearance and Substitution of Counsel by Douglas D. Nelson on behalf of Christopher J. La Rose (Nelson, Douglas)Attorney Douglas D. Nelson added to party Christopher J. La Rose(pty:res) (jpp). (Entered: 10/13/2026)
Main Document: Notice of Appearance
#4
Oct 19, 2026
NOTICE of Appearance and Substitution of Counsel by Michael Damon Wallace on behalf of Christopher J. La Rose (Wallace, Michael)Attorney Michael Damon Wallace added to party Christopher J. La Rose(pty:res) (sjt). (Entered: 10/19/2026)
Main Document: Notice of Appearance
#5
Oct 19, 2026
RETURN to Petition for Writ of H/C by Christopher J. La Rose. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Wallace, Michael) (sjt). (Entered: 10/19/2026)
Main Document: Return to Petition for Writ of H/C
#6
Oct 20, 2026
MINUTE ORDER Granting Petition. Having reviewed Respondents' 5 Return, the Court concludes that ICE officers violated Petitioner's Fifth Amendment Due process rights by executing a warrantless arrest without "a particularized inquiry that the subject is likely to abscond." See A.B.D. v. Wamsley, No. 6:25-CV-02014-AA, 2026 WL 178306, at *12 (D. Or. Jan. 22, 2026) (quoting Ramirez Ovando v. Noem, 810 F. Supp. 3d 1209, 1217 (D. Colo. 2025)) (internal citations omitted); see also 8 U.S.C. § 1357(a)(2) (emphasis added) (providing for warrantless arrests only "if [the officer] has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest."). The Court therefore GRANTS the 1 Petition, and ORDERS Respondents to release Petitioner as soon as practicable. This Order does not preclude Respondents from rearresting or re-detaining Petitioner in accordance with the law.(All non-registered users served via U.S. Mail Service)(no document attached) (sxe) (Entered: 10/20/2026)
Oct 20, 2026
Order