Southern District of California • 3:26-cv-01338

#1

Mar 02, 2026

Petition for Writ of Habeas Corpus against Pamela Bondi, Christopher LaRose, Todd Lyons, Kristi Noem ( Filing fee $ 5 receipt number 167489.), filed by Luis Alberto Corado-Serrano. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt) The new case number is 3:26-cv-1338-CAB-VET. Judge Cathy Ann Bencivengo and Magistrate Judge Valerie E. Torres are assigned to the case.(stn) (Entered: 03/05/2026)

#2

Mar 02, 2026

MOTION for Temporary Restraining Order by Luis Alberto Corado-Serrano. (stn) (Entered: 03/05/2026)

#3

Mar 09, 2026

Order on Motion for TRO

#4

Mar 13, 2026

Notice of Appearance

#5

Mar 16, 2026

MINUTE ORDER OF RECUSAL. Judge Cathy Ann Bencivengo is no longer assigned. Case reassigned to Judge Jinsook Ohta for all further proceedings. The new case number is 26-cv-01338-JO-VET.(All non-registered users served via U.S. Mail Service)(no document attached) (anh) (Entered: 03/16/2026)

#6

Mar 16, 2026

Reply - Other

Mar 16, 2026

Order of Judge Transfer

#7

Mar 19, 2026

Minute Order by Judge Jinsook Ohta: Luis Alberto Corado-Serrano, a citizen of Guatemala, filed a petition for writ of habeas corpus challenging his prolonged detention as a violation of the Fifth Amendment Due Process Clause. Dkt. 1. The Government filed a notice of non-opposition to a bond hearing. Dkt. 6. For the reasons stated below, the Court GRANTS the habeas petition. 1. Petitioner entered the United States illegally and has been in ICE custody since March 15, 2025. Dkt. 1 at 2. On December 10, 2025, an immigration judge ordered Petitioner removed to Guatemala. Id. Petitioners appeal of the removal order is pending before the Board of Immigration Appeals (BIA). Id. 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 twelve months as of the date of this order, and his appeal remains pending before the BIA. Dkt. 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 of undue or bad faith delay by Petitioner. 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."). 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 03/19/2026. (rh) (All non-registered users served via U.S. Mail) (rxc). (Entered: 03/19/2026)

#8

Mar 19, 2026

Order

#9

Mar 19, 2026

Judgment - Clerk

Mar 19, 2026

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

#10

Mar 25, 2026

Declaration

#11

Mar 25, 2026

Minute Order by Judge Jinsook Ohta: On March 25, 2026, Respondents filed a notice of compliance confirming that Petitioner was provided a bond hearing in compliance with this Court's order. Dkt. 10. The immigration judge ordered Petitioner released on $15,000 bond, but imposed as a condition of release that "[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 27, 2026. Signed by Judge Jinsook Ohta on 03/25/2026. (rh) (Entered: 03/25/2026)

Mar 25, 2026

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

#12

Mar 27, 2026

Declaration