Southern District of California • 3:26-cv-01165

#1

Feb 24, 2026

Petition for Writ of Habeas Corpus against Pamela Bondi, Daniel A. Brightman, Department of Homeland Security, Christopher J. Larose, Todd Lyons, Kristi Noem ( Filing fee $ 5 receipt number ACASDC-20821599.), filed by Yoilier Romero-Segura. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:26-cv-1165-JO-MMP. Judge Jinsook Ohta and Magistrate Judge Michelle M. Pettit are assigned to the case. (Perez, Eduardo)(dde) (Entered: 02/24/2026)

#2

Feb 24, 2026

Minute Order by Judge Jinsook Ohta: On February 24, 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 27, 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 Rule 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 Friday, March 6, 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 Thursday, March 12, 2026 at 9:30 AM. All parties may appear by videoconference. 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.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 2/24/2026. (rh) (Entered: 02/24/2026)

Feb 24, 2026

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

#3

Feb 26, 2026

Notice of Appearance

#4

Feb 27, 2026

Affidavit of Service

#5

Mar 06, 2026

Return to Petition for Writ of H/C

#6

Mar 09, 2026

Continue

#7

Mar 10, 2026

Minute Order by Judge Jinsook Ohta: Yoilier Romero-Segura, a citizen of Cuba, filed a petition for writ of habeas corpus challenging his detention as a violation of the Immigration and Nationality Act, 8 U.S.C. § 1225. Dkt. 1. A federal court considering a habeas petition must determine whether the petitioner "is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2241(c)(3). Because Petitioner challenges the legality of his continued detention under § 2241, the Court considers whether his prolonged detention without an individualized bond hearing violates due process. For the reasons stated below, the Court GRANTS the habeas petition. 1. On January 5, 2025, Petitioner entered the United States illegally and was immediately detained by immigration officials, who determined he had a credible fear of persecution if returned to Cuba. Dkt. 5-1 at 2. As a result, DHS placed Petitioner into standard removal proceedings under § 240 of the Immigration and Nationality Act and continued to hold him in custody pending those proceedings. See Dkt. 5 at 2; see also 8 U.S.C. § 1229a; 8 CFR § 208.30. Petitioner's asylum application remains pending, and his merits hearing is scheduled for April 8, 2026. Dkt. 5 at 2, 11. 2. For the reasons stated in Pacheco v. LaRose, No. 3:25-CV-2421-JO-AHG, 2026 WL 242300, *2-*7 (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. See Pet. 3. For the reasons stated on the record in Raeva v. Mayorkas, No. 3:25-cv-03175, Dkts. 16, 17, the Court examines whether, notwithstanding statutory authorization, Petitioner's prolonged detention without a bond hearing violates the Due Process Clause. As explained in Raeva, the Court considers the likely duration of detention---both elapsed and anticipated---and whether Petitioner has delayed proceedings in bad faith. Here, Petitioner has been detained for over thirteen months as of the date of this order and has yet to receive his individual merits hearing. Dkt. 5 at 2, 11; Dkt. 5-1 at 2. Further appeals from either side would extend detention by at least several months, such that the total period of confinement could approach or exceed two years without any showing that Petitioner has delayed his proceedings in bad faith. This duration of civil detention without a bond hearing gravely risks the erroneous deprivation of Petitioner's liberty interest, especially here when the record contains no evidence that he presents a danger to the community or a flight risk or that the government has another legitimate interest in his continued detention. See Hernandez v. Sessions, 872 F.3d 976, 994 (9th Cir. 2017); see also Pinchi v. Noem, 792 F. Supp. 3d 1025, 1035 (N.D. Cal. 2025) ("Detention for its own sake... is not a legitimate government interest."). 4. The Court therefore finds that Petitioner's prolonged detention without a bond hearing violates his Fifth Amendment due process rights. The Court's ruling and injunctive terms are set forth in a separate order at Dkt. 8. Signed by Judge Jinsook Ohta on 03/10/2026. (rh) (Entered: 03/10/2026)

#8

Mar 10, 2026

Order

Mar 10, 2026

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

#9

Mar 19, 2026

Notice (Other)

#10

Mar 19, 2026

Minute Order by Judge Jinsook Ohta: On March 19, 2026, Respondents filed a notice of compliance confirming that Petitioner was provided a bond hearing in compliance with this Court's order. Dkt. 9. The immigration judge ordered Petitioner released on $1,500 bond, but imposed as conditions of release that "[Petitioner] must self-quarantine/isolate for the first fourteen (14) days following release from DHS custody and arrival at sponsor's residence; [and Petitioner] shall not be released from DHS custody until cleared from medical hold." See id. The Court ORDERS Respondents to file a status report explaining the basis for the medical hold and the date that the hold will be cleared. The status report is due by 12 p.m. on March 23, 2026. Signed by Judge Jinsook Ohta on 03/19/2026. (rh) (Entered: 03/19/2026)

Mar 19, 2026

Minute Order (No Time)

#11

Mar 25, 2026

Minute Order by Judge Jinsook Ohta: On March 19, 2026, the Court ordered Respondents to file a status report by 12 p.m. on March 23, 2026, explaining the basis for Petitioner's medical hold and the date it would be cleared. Dkt. 10. The Court-ordered deadline has passed without any response from Respondents. Accordingly, the Court ORDERS Respondents to show cause by 5 p.m. on March 26, 2026 why the Court should not order Petitioner's immediate release. Signed by Judge Jinsook Ohta on 03/25/2026. (rh) (Entered: 03/25/2026)

#12

Mar 25, 2026

Status Report

Mar 25, 2026

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