Southern District of California • 3:26-cv-00669

Lainez Florez v. LaRose

Active

Case Information

Filed: February 04, 2026
Assigned to: Jinsook Ohta
Referred to: Brian J. White
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: April 01, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 04, 2026
Petition for Writ of Habeas Corpus against Christopher LaRose ( Filing fee $ 5 receipt number 166846, Fee Paid, IFP Not Filed), filed by Rider Rumaldo Lainez Florez. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)The new case number is 3:26-cv-669-JO-BJW. Judge Jinsook Ohta and Magistrate Judge Brian J. White are assigned to the case.(bdc) (Entered: 02/06/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 06, 2026
Minute Order by Judge Jinsook Ohta: On February 4, 2026, Petitioner filed a petition for writ of habeas corpus requesting injunctive relief. Dkt. 1. The Court ORDERS Respondents TO SHOW CAUSE why the petition should not be granted by filing a written response no later than 12:00 PM on Tuesday, February 17, 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. Unless Respondents concede that Petitioner is entitled to the complete relief requested in the habeas petition, Respondents must comply with this order by filing the complete set of Petitioner's immigration records.The Court SETS a hearing with oral argument for Friday, February 20, 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. The Clerk of Court shall transmit a copy of this Order and the Petition [Dkt. 1] to the U.S. Attorney's Office for the Southern District of California. Signed by Judge Jinsook Ohta on 02/06/2026. (rh) (All non-registered users served via U.S. mail service)(rxc). (Entered: 02/06/2026)
Feb 06, 2026
Minute Order (No Time) AND ~Util - Set Motion and R&R Deadlines/Hearings
#3
Feb 10, 2026
NOTICE of Appearance and Substitution of Counsel by Thomas Merritt on behalf of Christopher LaRose (Merritt, Thomas)Attorney Thomas Merritt added to party Christopher LaRose(pty:res) (rxc). (Entered: 02/10/2026)
Main Document: Notice of Appearance
#4
Feb 11, 2026
Minute Order by Judge Jinsook Ohta: All parties may appear by videoconference for the February 20, 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 17, 2026
RETURN to Petition for Writ of H/C by Christopher LaRose. (Merritt, Thomas) (rxc). (Entered: 02/17/2026)
Main Document: Return to Petition for Writ of H/C
#6
Feb 19, 2026
Minute Order by Judge Jinsook Ohta: Petitioner Rider Rumaldo Lainez Florez, a citizen of Nicaragua, filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 challenging his detention without a bond hearing. See Dkt. 1. 1. Petitioner entered the United States on November 26, 2021 and has resided continuously in the country since that time. Dkt. 1 at 9 P. 1. He was detained by the government but subsequently released on December 2, 2021 pending his removal proceedings. Id. P. 2. On April 26, 2025, Petitioner was arrested for driving under the influence and on May 5, 2025, was transferred to immigration custody by Immigration and Custody Enforcement ("ICE"). Id. P. 3-5. An immigration judge issued a decision in his removal proceedings on December 10, 2025, and Petitioner appealed this decision to the Board of Immigration Appeals on January 7, 2026. Id. P. 7; Dkt. 1 at 2. His removal proceedings remain pending, and he continues to be detained without a bond hearing at the Otay Mesa Detention Center. 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 8 U.S.C. § 1226 and is 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. 5. The Court therefore grants the habeas petition and Petitioner's request for a bond hearing before an immigration judge to assess whether his continued detention is justified. 4. Because the Court has ruled on merits of the habeas petition, the hearing scheduled for February 20, 2026 is vacated.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.Signed by Judge Jinsook Ohta on 2/19/2026. (mk) (Entered: 02/19/2026)
Main Document: Order
Feb 24, 2026
Minute Order (No Time)
#8
Feb 26, 2026
Judgment - Clerk
Main Document: Judgment - Clerk
#9
Mar 02, 2026
Status Report
Main Document: Status Report
Mar 12, 2026
Minute Order (No Time)
#12
Mar 19, 2026
Status Report
Main Document: Status Report
Mar 19, 2026
Minute Order (No Time)
#13
Mar 27, 2026
Mail Returned
Main Document: Mail Returned
#14
Apr 01, 2026
Mail Returned
Main Document: Mail Returned

Parties

Lainez Florez
Party
LaRose
Party