Southern District of California • 3:26-cv-05971

#1

Oct 19, 2026

Petition for Writ of Habeas Corpus against Christopher LaRose ( Filing fee $ 5 receipt number 173092.), filed by Magdalena Sotelo Rodriguez. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)The new case number is 3:26-cv-5971-JO-MMP. Judge Jinsook Ohta and Magistrate Judge Michelle M. Pettit are assigned to the case.(ggv) (Entered: 10/20/2026)

#2

Oct 21, 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: Respondents shall file a return by noon on October 27, 2026. The 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 alleges that she has suffered several medical emergencies necessitating a hospital stay since she was placed in custody. See Dkt. 1 at 7. The Court ORDERS Respondents to file a declaration by October 23, 2026, at 9:00 a.m., confirming that Petitioner has received, and will continue to receive, all necessary medical treatment until the resolution of the habeas petition.Given Petitioner's medical conditions, the Court will take the matter under submission on October 27, 2026, when Respondents' return is due. The Court will inform the parties if any reply brief is required. Signed by Judge Jinsook Ohta on 10/21/2026. (txa)(All non-registered users served via U.S. Mail Service)(gsw) (Entered: 10/21/2026)

Oct 21, 2026

Minute Order (No Time)

#3

Oct 22, 2026

RESPONSE TO PETITION by Christopher LaRose. (Attachments: # 1 Exhibit)(Dimbleby, Erin)(gsw) (Entered: 10/22/2026)

#4

Oct 23, 2026

NOTICE of Declaration by Christopher LaRose (Dimbleby, Erin)(gsw) (Entered: 10/23/2026)

#5

Oct 23, 2026

MOTION to File Documents Under Seal (Dimbleby, Erin)(gsw) (Entered: 10/23/2026)

#6

Oct 23, 2026

***Docketed Under Seal at Docket No. 13 per Order 11 *** SEALED LODGED Proposed Document re: 5 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Dimbleby, Erin) Modified to seal on 11/3/2026 (gsw). (Entered: 10/23/2026)

#7

Oct 26, 2026

NOTICE will not be filing a Traverse by Magdalena Sotelo Rodriguez (ggv) (Entered: 10/28/2026)

#8

Oct 28, 2026

Minute Order by Judge Jinsook Ohta: Magdalena Sotelo Rodriguez ("Petitioner") filed a petition for writ of habeas corpus challenging the legality of her detention and seeking immediate release. See Dkt. 1 ("Pet."). . Petitioner is a Cuban citizen who entered the United States in 1998 and was granted lawful permanent residency. Dkt. 3 Ex. 1. In 2019, Petitioner was convicted on multiple counts of drug possession and sale. Id. On September 10, 2020, Petitioner was issued a final removal order by an immigration judge. Id. Ex. 2. She was subsequently released from immigration custody on supervised release. Id. at 1. On August 24, 2026, Petitioner was arrested by the Monroe County Sheriff's Department for possession of controlled substances. Id. Ex. 1. On September 4, 2026, she was transferred from state criminal custody to ICE detention. Id. She has since been detained at the Otay Mesa Detention Center. See Pet. Petitioner is seeking immediate release by claiming the following: (1) she was arrested by ICE without a valid warrant; and (2) ICE did not follow requisite procedures in reinstating her removal order from 2020. 2. The Court finds Petitioner's present detention is unlawful due to the government's noncompliance with the requisite procedures to revoke Petitioner's supervised release. Under 8 U.S.C. 1231, "when [a noncitizen] is ordered removed, the Attorney General shall remove the [noncitizen] from the United States within a period of 90 days," also known as the "removal period." 8 U.S.C. § 1231(a)(1)(A). "If the [noncitizen] does not leave or is not removed within the removal period, the [noncitizen], pending removal, shall be subject to supervision under regulations prescribed by the Attorney General." Id. § 1231(a)(3). If the noncitizen is released on supervision, release may be revoked if (1) the purpose of release has been served; (2) the noncitizen violates a condition of release; (3) revocation is appropriate to enforce a removal order or commence removal proceedings; or (4) the conduct of the noncitizen indicates release is no longer appropriate. See 8 C.F.R. §§ 241.13(i), 241.4(l)(2). When supervision is revoked, the noncitizen must "be notified of the reasons for revocation of [their] release or parole" and be given "an initial informal interview promptly after [their] return to [] custody" to "respond to the reasons for revocation stated in the notification." See id.1 §§ 241.13(i)(3); 241.4(l)(1). Here, Petitioner was issued a final removal order and released from immigration custody on supervised release in 2020. Dkt. 5 at 1. Respondent concedes that there is insufficient evidence to show Petitioner's release was revoked according to the requisite procedures. Id. at 2. Because Respondent has not shown that Petitioner received a notification explaining why her release was revoked or a prompt initial interview to respond to these reasons, the Court finds Petitioner's re-detention is unlawful. See Mai v. Noem, 2026 WL 657726, at *3 (S.D. Cal. Mar. 9, 2026) (finding Petitioner's detention "was procedurally deficient because he was not provided a prompt interview to respond to the reasons for revocation of his release"); Parra Parra v. Warden, 2026 WL 2583026, at *6-7 (E.D. Cal. Sept. 1, 2026) ("Respondents' failure to notify petitioner of the 'changed circumstances' asserted and failure to provide petitioner with a prompt interview following his re-detention violated 8 C.F.R. § 241.13(i)(3)."). The Court finds Petitioner is entitled to immediate release under the same conditions as her prior order of supervised release. 3. Though Petitioner also brings claims alleging her arrest was warrantless, the Court finds it need not resolve these matters at this time as Petitioner is entitled to relief under her alternate claims. Lujan v. Garcia, 734 F.3d 917, 935 (9th Cir. 2013) (agreeing that, having granted habeas relief on an alternative ground, the district court need not address the petitioner's additional claim). The Courts injunctive terms are set forth at Dkt. 9. Signed by Judge Jinsook Ohta on 10/28/2026. (txa)(All non-registered users served via U.S. Mail Service)(gsw) (Entered: 10/28/2026)

#9

Oct 28, 2026

ORDER Granting Habeas Petition [Dkt. 1]. Signed by Judge Jinsook Ohta on 10/28/2026. (txa)(All non-registered users served via U.S. Mail Service)(gsw) (Entered: 10/28/2026)

Oct 28, 2026

Minute Order (No Time)

#12

Oct 29, 2026

NOTICE of Exhibit by Magdalena Sotelo Rodriguez (Attachments: # 1 Envelope)(gsw) (Entered: 11/03/2026)

#10

Oct 30, 2026

NOTICE Confirming Petitioner's Release by Christopher LaRose (Attachments: # 1 Declaration)(Dimbleby, Erin)(gsw) (Entered: 10/30/2026)

#11

Nov 03, 2026

Minute Order by Judge Jinsook Ohta: On October 23, 2026, Respondent filed a motion to seal a declaration from Petitioner's doctor at the Otay Mesa Detention Center. Dkt. 5. Given this declaration contains Petitioner's sensitive personal and medical information, the Court finds Respondent has established good cause to justify the sealing of the record. See Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 2016); Gopher Media LLC v. Melone, 2024 WL 2835161, at *1 (S.D. Cal. June 4, 2024). Accordingly, the Court GRANTS Respondent's motion to file the document under seal [Dkt. 5]. Signed by Judge Jinsook Ohta on 11/3/2026. (txa)(All non-registered users served via U.S. Mail Service)(gsw) (Entered: 11/03/2026)

#14

Nov 03, 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)(gsw) (Entered: 11/03/2026)

Nov 03, 2026

Order on Motion to File Documents Under Seal