Southern District of California • 3:26-cv-00654

#1

Feb 03, 2026

Petition for Writ of Habeas Corpus against Pamela Bondi, Patrick Divver, Executive Office for Immigration Review, Christopher J. Larose, Kristi Noem, U.S. Department of Homeland Security ( Filing fee $ 5 receipt number ACASDC-20744029.), filed by Eli Osmin Diaz-Linares. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement, # 3 Exhibit)The new case number is 3:26-cv-654-JO-SBC. Judge Jinsook Ohta and Magistrate Judge Steve B. Chu are assigned to the case. (Torres, Jose)(anh) (Entered: 02/03/2026)

#2

Feb 03, 2026

Minute Order by Judge Jinsook Ohta: On February 3, 2026, Petitioner filed a petition for writ of habeas corpus requesting injunctive relief. Dkt. 1. The Court ORDERS Petitioner to serve Respondents with the habeas petition [Dkt. 1] by 5:00 PM on February 6, 2026, and file proof of service. Petitioner must also serve the U.S. Attorney's Office for the Southern District of California by a method prescribed in Federal Rule of Civil Procedure 4(i)(1)(A) by that date and file proof of service.The Court ORDERS Respondents TO SHOW CAUSE why the petition should not be granted by filing a written response no later than 5:00 PM on Thursday, February 12, 2026. The Court further ORDERS Respondents to file, as exhibits to their response, the complete set of Petitioner's immigration records necessary for adjudication of this habeas petition, including all Department of Homeland Security records, immigration court documents, arrest or custody records, and any other materials pertaining to Petitioner's detention, processing, or removal proceedings.The Court SETS a hearing with oral argument for Tuesday, February 17, 2026 at 9:30 AM.The Court ORDERS that Petitioner shall not be transferred out of this district unless Respondents provide advance notice of the intended move. Such notice shall be filed in writing on the docket in this proceeding and shall state the reason why Respondents believe that such a movement is necessary and should not be stayed pending further court proceedings. Once that notice has been docketed, Petitioner SHALL NOT be moved out of this District for a period of at least 48 hours from the time of that docketing. Signed by Judge Jinsook Ohta on 2/3/2026. (mk) (Entered: 02/03/2026)

Feb 03, 2026

Minute Order (No Time)

#3

Feb 06, 2026

CERTIFICATE OF SERVICE by Eli Osmin Diaz-Linares (Torres, Jose) (rxc). (Entered: 02/06/2026)

#4

Feb 11, 2026

Minute Order by Judge Jinsook Ohta: All parties may appear by videoconference for the Tuesday, February 17, 2026 hearing. The courtroom deputy will provide the videoconference information ahead of the hearing. The hearing will proceed unless the Court issues a written decision on the merits ahead of the hearing date. Signed by Judge Jinsook Ohta on 2/11/2026. (mk) (Entered: 02/11/2026)

Feb 11, 2026

Minute Order (No Time)

#5

Feb 12, 2026

NOTICE of Appearance and Substitution of Counsel by Cindy M. Cipriani on behalf of Pamela Bondi, Patrick Divver, Executive Office for Immigration Review, Christopher J. Larose, Kristi Noem, U.S. Department of Homeland Security (Cipriani, Cindy)Attorney Cindy M. Cipriani added to party Pamela Bondi(pty:res), Attorney Cindy M. Cipriani added to party Patrick Divver(pty:res), Attorney Cindy M. Cipriani added to party Executive Office for Immigration Review(pty:res), Attorney Cindy M. Cipriani added to party Christopher J. Larose(pty:res), Attorney Cindy M. Cipriani added to party Kristi Noem(pty:res), Attorney Cindy M. Cipriani added to party U.S. Department of Homeland Security(pty:res) (rxc). (Entered: 02/12/2026)

#6

Feb 12, 2026

REPLY - Other re 1 Petition for Writ of Habeas Corpus, filed by Pamela Bondi, Patrick Divver, Executive Office for Immigration Review, Christopher J. Larose, Kristi Noem, U.S. Department of Homeland Security. (Cipriani, Cindy) (rxc). (Entered: 02/12/2026)

#7

Feb 13, 2026

Amended Minute Order by Judge Jinsook Ohta: Eli Osmin Diaz-Linares, a citizen of El Salvador, filed a petition for writ of habeas corpus under 28 U.S.C. § 2241. See Dkt. 1 . 1. Petitioner entered the United States in or around 2022 and has resided continuously in the country since that time. Id. P. 5. Around four years later, on April 27, 2025, Immigration and Customs Enforcement officers detained Petitioner following his arrest for theft and initiated removal proceedings under Section 240 of the Immigration and Nationality Act. Dkt. 1 -3 at 1; Dkt. 6 at 5. Petitioner states that on July 29, 2025, an immigration judge granted him release on bond but withdrew that ruling due to the Department of Homeland Security's filing of a notice of intent to appeal the bond decision. Dkt. 1 -2 at 6. Petitioner's removal proceedings remain pending, and he has continuously been detained at the Otay Mesa Detention Center. Dkt. 1 PP. 5, 19. 2. For the reasons stated in Pacheco v. LaRose, No. 3:25-CV-2421-JO-AHG, 2026 WL 242300, *2-*3 (S.D. Cal. Jan. 29, 2026), the Court finds that 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. 3. Respondents concede that Petitioner is detained under § 1226 and thus entitled to a bond hearing under Maldonado Bautista v. Noem, No. 5:25-CV-01873-SSS-BFM, 2025 WL 3678485 (C.D. Cal. Dec. 18, 2025). See Dkt. 6 . The Court therefore grants Petitioner's habeas petition and request for a bond hearing before an immigration judge to assess whether his continued detention is justified. The Court's injunctive terms are set forth in a separate order issued with this minute order and available by clicking the corresponding docket number. The parties are directed to review that order for the full scope of the injunctive relief. Modified minute order text and replaced main document on 2/20/2026 per chambers(smy). (Entered: 02/13/2026)

#8

Feb 24, 2026

Declaration

Feb 24, 2026

Minute Order (No Time)

#10

Feb 26, 2026

Judgment - Clerk