Southern District of California • 3:26-cv-01189

Mahmut v. Warden, Otay Mesa Detention Center

Active

Case Information

Filed: February 24, 2026
Assigned to: Jinsook Ohta
Referred to: Valerie E. Torres
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: March 17, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 24, 2026
Petition for Writ of Habeas Corpus against Warden, Otay Mesa Detention Center ( Filing fee $ 5 receipt number 167333.), filed by Sari Mahmut. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibits, # 3 Receipt)The new case number is 3:26-cv-1189-JO-VET. Judge Jinsook Ohta and Magistrate Judge Valerie E. Torres are assigned to the case.(ggv) (Entered: 03/02/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 24, 2026
MOTION to Appoint Counsel by Sari Mahmut. (ggv) (Entered: 03/02/2026)
Main Document: Appoint Counsel
#3
Mar 02, 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 Respondents TO SHOW CAUSE why the petition should not be granted by filing a written response no later than 9:00 AM on Thursday, March 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. 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 19, 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.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 3/2/2026. (rh) (Entered: 03/02/2026)
Mar 02, 2026
Minute Order (No Time) AND ~Util - Set Motion and R&R Deadlines/Hearings
#4
Mar 03, 2026
NOTICE of Appearance and Substitution of Counsel by Hunter V. Norton on behalf of Warden, Otay Mesa Detention Center (Norton, Hunter)Attorney Hunter V. Norton added to party Warden, Otay Mesa Detention Center(pty:res) (rxc). (Entered: 03/03/2026)
Main Document: Notice of Appearance
#5
Mar 12, 2026
RESPONSE re 1 Petition for Writ of Habeas Corpus, filed by Warden, Otay Mesa Detention Center. (Attachments: # 1 Exhibit, # 2 Declaration)(Norton, Hunter) (rxc). (Entered: 03/12/2026)
Main Document: Response - Other
#6
Mar 12, 2026
Minute Order by Judge Jinsook Ohta: Sari Mahmut filed a petition for writ of habeas corpus challenging his detention as unlawfully prolonged in violation of his due process rights. See Dkt. 1. After the entry of a final removal order, a noncitizen is subject to mandatory detention for 90 days, known as the "removal period." 8 U.S.C. § 1231(a)(1). The removal period begins on the latest of three dates: (i) when, as relevant here, the removal order becomes administratively final; (ii) if the removal order is judicially reviewed and a court issues a stay, the date of the court's final order; or (iii) if the noncitizen is detained or confined other than under immigration processes, the date they are released from such detention or confinement. See § 1231(a)(1)(B)(i)(iii). Here, Petitioner attempted to appeal the immigration judge's removal order by the appeal deadline of March 5, 2026. Dkt. 5-2 ¶ 7-9. However, the BIA rejected Petitioner's Notice of Appeal on March 4, 2026 for lack of signature. Id. As a result, Petitioner's removal order became administratively final on March 6, 2026. Id. ¶ 9. Because Petitioner is subject to mandatory detention until June 4, 2026, the Court DENIES without prejudice the petition for writ of habeas corpus. [Dkt. 1] Petitioner may re-file if detention becomes prolonged beyond the 90-day removal period. Petitioner's motion to appoint counsel is DISMISSED as moot. [Dkt. 2]. The March 19, 2026 hearing is vacated. The Clerk of the Court is directed to close the case. Signed by Judge Jinsook Ohta on 03/12/2026. (rh) (Entered: 03/12/2026)
Mar 12, 2026
Minute Order (No Time) AND ~Util - Terminate Motion and R&R Deadlines/Hearings
#7
Mar 17, 2026
Judgment - Clerk
Main Document: Judgment - Clerk

Parties

Mahmut
Party
Warden, Otay Mesa Detention Center
Party