Southern District of California • 3:26-cv-01553

#1

Mar 12, 2026

Petition for Writ of Habeas Corpus against Pamela Bondi, Daniel A. Brightman, Christopher J. Larose, Todd Lyons, Secretary of Homeland Security, Jorge Velarde ( Filing fee $ 5 receipt number ACASDC-20890965.), filed by Luis Fernando Rax Gomez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B)The new case number is 3:26-cv-1553-JO-DEB. Judge Jinsook Ohta and Magistrate Judge Daniel E. Butcher are assigned to the case. (Chavarria, Leah)(sjt) (Entered: 03/12/2026)

#2

Mar 12, 2026

Minute Order by Judge Jinsook Ohta: The Court adopts the Standard Procedures for this Immigration Habeas Petition from Chief Judge Order No. 144, which is available on the court's website, with the following modification: Any optional reply will be due 3 days after the government's opposition. Further, the Court sets a hearing on the Petition for April 2, 2026 at 9:30 AM in Courtroom 4C. All parties may appear by videoconference for the hearing. 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. Signed by Judge Jinsook Ohta on 03/12/2026. (rh) (Entered: 03/12/2026)

Mar 12, 2026

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

#3

Mar 19, 2026

Notice of Appearance

#4

Mar 19, 2026

Return to Petition for Writ of H/C

#5

Mar 26, 2026

Traverse to Petition for Writ of H/C

#6

Mar 26, 2026

Minute Order by Judge Jinsook Ohta: Luis Fernando Rax Gomez, a citizen of Guatemala, filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 challenging his detention without a bond hearing. See Dkt. 1 ("Pet."). Respondents filed a non-opposition. Dkt. 4. 1. Petitioner entered the United States illegally in 2015 and has resided in the country continuously since then. Pet. ¶ 2; Dkt. 1-2 ("Decl.") ¶ 4. On December 24, 2025, Immigration and Customs Enforcement officers arrested Petitioner while he was celebrating Christmas Eve with family who live on the U.S. Marine base at Camp Pendleton, California. Pet. ¶ 29; Decl. ¶ 10. Petitioner has been detained at the Otay Mesa Detention Center since that day. Decl. ¶ 12.2. 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. Further, for the reasons stated in Pacheco, No. 3:25-CV-2421-JO-AHG, 2026 WL 242300, *3-*5, the Court finds that 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. Decl. ¶ 4. Therefore, Petitioner is entitled to a bond hearing. The Court's order and injunctive terms are set forth at Dkt. 7. Signed by Judge Jinsook Ohta on 03/26/2026. (rh) (Entered: 03/26/2026)

#7

Mar 26, 2026

Order

Mar 26, 2026

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

#8

Apr 03, 2026

Declaration

#9

Apr 03, 2026

Supplemental Briefing