Southern District of California • 3:26-cv-01182

#1

Feb 24, 2026

Petition for Writ of Habeas Corpus against Sixto Marrero ( Filing fee $ 5 receipt number ACASDC-20825805.), filed by Dugar Dambaev. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)The new case number is 3:26-cv-1182-JO-SBC. Judge Jinsook Ohta and Magistrate Judge Steve B. Chu are assigned to the case. (Zohrabyan, Naira)(anh) (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 12:00 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 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 9:00 AM on Monday, March 9, 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 Monday, March 16, 2026 at 9:30 AM. All parties may appear by videoconference for the 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. The parties are directed to check the docket at 5:00 PM on the day before the hearing to determine whether such an order has issued and the hearing has been vacated.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. (mk) (Entered: 02/24/2026)

Feb 24, 2026

Minute Order (No Time)

#3

Feb 27, 2026

Certificate of Service

#4

Mar 03, 2026

Notice of Appearance

#5

Mar 06, 2026

Return to Petition for Writ of H/C

#6

Mar 11, 2026

Minute Order by Judge Jinsook Ohta: Petitioner Dugar Dambaev, a citizen of Russia, filed a petition for writ of habeas corpus under 28 U.S.C. § 2241, challenging his detention as a violation of due process. See Dkt. 1. 1. Petitioner entered the United States on December 10, 2022 to seek asylum from political persecution. Upon entry, the Department of Homeland Security ("DHS") released him on parole valid through December 9, 2023, pending removal proceedings before an Immigration Judge. Dkt. 5 at 1. On March 28, 2023, DHS initiated removal proceedings under Section 240 of the Immigration and Nationality Act. Dkt. 1 P. 1; Dkt. 1-2 at 3. Petitioner subsequently applied for asylum, and DHS granted him employment authorization valid through February 11, 2029. Dkt. 1-5 at 2. 2. More than three years after his entry, on February 19, 2026, Immigration and Customs Enforcement officers approached Petitioner at a truck stop parking lot, determined that he was subject to mandatory detention under § 1225(b)(2), and arrested him. Dkt. 1 P. 4; Dkt. 5 at 2. Petitioner has since been detained without a bond hearing at the Imperial Regional Adult Detention Facility. Dkt. 1 PP. 10, 28. 3. For the reasons stated in Pacheco v. LaRose, No. 3:25-CV-2421-JO-AHG, 2026 WL 242300, *2-*5 (S.D. Cal. Jan. 29, 2026), the Court finds that (i) 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; and (ii) Petitioner is subject to the discretionary detention framework of § 1226, not § 1225(b)(2), because he was already residing in the United States at the time of his arrest. See Dkt. 1 P. 4. 4. The Court further finds that the government violated Petitioner's Fifth Amendment due process rights by revoking his release without an individualized determination of flight risk or danger to the public. Mathews v. Elridge, 424 U.S. 319, 321 (1976) (due process analysis considers (1) "the private interest that will be affected by the [government] action"; (2) "the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional procedural safeguards"; and (3) "the Government's interest, including the fiscal and administrative burdens that the additional or substitute procedures would entail."). Petitioner acquired a protectable liberty interest when the government previously granted his release pending removal proceedings. See Morrissey v. Brewer, 408 U.S. 471, 482 (1972) (grant of parole carries an "implicit promise" that liberty will be revoked only for violation of release conditions). The record contains no evidence that Petitioner has a criminal history, poses a danger to the community, or presents a flight risk, and the government has articulated no individualized justification for his continued detention. See 8 C.F.R. § 1236.1(c)(8). The absence of any individualized determination significantly risked erroneously depriving Petitioner of his liberty interest, and the government has offered no evidence that the burdens of providing such process would outweigh this substantial liberty interest. Therefore, the Court finds that Petitioner has been subjected to unconstitutional detention since his arrest on February 19, 2026 and grants his habeas petition requesting immediate release.5. Because Petitioner is entitled to a bond hearing to justify his detention pursuant to 8 U.S.C. § 1226, the Court further enjoins Respondent from redetaining Petitioner without first providing a bond hearing before an immigration judge to justify a deprivation of his liberty interest. See, e.g., Aceros v. Kaiser, No. 25-CV-06924-EMC (EMC), 2025 WL 2637503, at *12 (N.D. Cal. Sept. 12, 2025); Valencia Zapata v. Kaiser, 801 F. Supp. 3d 919, 938 (N.D. Cal. 2025); O.G. v. Albarran, No. 1:26-CV-00010-TLN-DMC, 2026 WL 19105, at *5 (E.D. Cal. Jan. 3, 2026). While § 1226 allows the government to hold a noncitizen in custody while it decides whether to initially grant release, a pre-deprivation hearing is the more appropriate remedy for individuals like Petitioner who already enjoy a liberty interest. In order to prevent an erroneous deprivation of that existing liberty interest and satisfy due process requirements, this hearing must take place prior to any detention. See Boumediene v. Bush, 553 U.S. 723, 779-80 (2008) (while habeas relief commonly includes release from physical imprisonment, "depending on the circumstances, more [relief] may be required"); Rodriguez v. Hayes, 591 F.3d 1105, 1117 (9th Cir. 2010) (holding that petitioner's release--revocable at the government's discretion--did not provide complete relief where petitioner sought a legal ruling that he could only be redetained upon a bond hearing); Clark v. Martinez, 543 U.S. 371, 376 n.3 (2005) (despite release, petitioner's habeas claim challenging the statutory authority for his detention "continue[d] to present a live case or controversy" because the court could provide relief to prevent redetention on the same allegedly unlawful basis).The Court's order and injunctive terms are set forth at Dkt. 7. Signed by Judge Jinsook Ohta on 3/11/2026. (mk) (Entered: 03/11/2026)

#7

Mar 11, 2026

Order

#8

Mar 11, 2026

Minute Order by Judge Jinsook Ohta: The Clerk of the Court is directed to close the case. Signed by Judge Jinsook Ohta on 3/11/2026. (Entered: 03/11/2026)

#9

Mar 11, 2026

Judgment - Clerk

Mar 11, 2026

Minute Order (No Time)

#10

Mar 12, 2026

Declaration