Southern District of California • 3:26-cv-01729

#1

Mar 18, 2026

Petition for Writ of Habeas Corpus against Pamela Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Sirce Owen, Jesus Rocha ( Filing fee $ 5 receipt number 167945.), filed by H.A.. (Attachments: # 1 Civil Cover Sheet, # 2 Letter, # 3 Exhibit - Addendum 2 (pg. 42-46), # 4 Exhibit - Addendum 3 (pg. 47), # 5 Exhibit - Addendum 4-7 (pg. 48- 51), # 6 Exhibit - Addendum 8 (pg. 52-58), # 7 Exhibit - Addendum 9 (pg. 59- 66), # 8 Exhibit - Addendum 10 (pg. 67- 70), # 9 Exhibit - Addendum 11 (pg. 71-83), # 10 Exhibit - Addendum 12-13 (pg. 84-86), # 11 Exhibit - Addendum 14 (pg. 87-103), # 12 Receipt)The new case number is 3:26-cv-1729-JO-DDL. Judge Jinsook Ohta and Magistrate Judge David D. Leshner are assigned to the case.(ggv) (Additional attachment(s) added on 4/7/2026: # 13 Redacted Petition for Writ of Habeas Corpus) (rxc). Modified on 4/7/2026 (rxc). (Entered: 03/19/2026)

#2

Mar 18, 2026

MOTION for Leave to Proceed in forma pauperis by H.A.. (ggv) (Additional attachment(s) added on 4/7/2026: # 1 Redacted MOTION for Leave to Proceed in forma pauperis) (rxc). Modified on 4/7/2026 (rxc). (Entered: 03/19/2026)

#3

Mar 18, 2026

MOTION to Appoint Counsel by H.A.. (ggv) (Additional attachment(s) added on 4/7/2026: # 1 Redacted MOTION to Appoint Counsel) (rxc). Modified on 4/7/2026 (rxc). (Entered: 03/19/2026)

#4

Mar 20, 2026

Minute Order by Judge Jinsook Ohta: The Court adopts with the following modification the Standard Procedures for Immigration Habeas Petitions from Chief Judge Order No. 144, available on the court's website: Any optional reply will be due 7 days after the government's opposition. Further, the Court sets a hearing on the Petition for April 9, 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 03/20/2026. (rh) (All non-registered users served via U.S. Mail Service) (rxc). (Entered: 03/20/2026)

Mar 20, 2026

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

#5

Mar 26, 2026

NOTICE of Appearance and Substitution of Counsel by Kim A.C. Gregg on behalf of Pamela Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Sirce Owen, Jesus Rocha (Gregg, Kim)Attorney Kim A.C. Gregg added to party Pamela Bondi(pty:res), Attorney Kim A.C. Gregg added to party Christopher LaRose(pty:res), Attorney Kim A.C. Gregg added to party Todd M. Lyons(pty:res), Attorney Kim A.C. Gregg added to party Kristi Noem(pty:res), Attorney Kim A.C. Gregg added to party Sirce Owen(pty:res), Attorney Kim A.C. Gregg added to party Jesus Rocha(pty:res) (stn). (Additional attachment(s) added on 4/7/2026: # 1 Redacted NOTICE of Appearance and Substitution of Counsel) (rxc). (Entered: 03/26/2026)

#6

Mar 26, 2026

RETURN to Petition for Writ of H/C by Pamela Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Sirce Owen, Jesus Rocha. (Gregg, Kim) (stn). (Additional attachment(s) added on 4/7/2026: # 1 Redacted RETURN to Petition for Writ of H/C) (rxc). (Entered: 03/26/2026)

#7

Mar 26, 2026

CERTIFICATE OF SERVICE by Pamela Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Sirce Owen, Jesus Rocha re 6 Return to Petition for Writ of H/C, 5 Notice of Appearance,, (Gregg, Kim) (stn). (Additional attachment(s) added on 4/7/2026: # 1 Redacted CERTIFICATE OF SERVICE) (rxc). (Entered: 03/26/2026)

#8

Mar 30, 2026

Motion to Seal Identity, to Proceed Under Pseudonym and Request to Remove Public Access to Name by H.A.. (Attachments: # 1 Envelope)(stn) Modified on 4/7/2026 (rxc). (Entered: 03/31/2026)

#9

Mar 30, 2026

MOTION to Appoint Counsel by H.A.. (Attachments: # 1 Envelope)(stn) (Additional attachment(s) added on 4/7/2026: # 2 Redacted MOTION to Appoint Counsel) (rxc). Modified on 4/7/2026 (rxc). (Entered: 03/31/2026)

#10

Apr 02, 2026

Minute Order by Judge Jinsook Ohta: Pro se petitioner H.A., an Iranian citizen who came to the United States to seek asylum, seeks habeas relief from his prolonged detention following a final removal order. See Dkt. 1 ("Pet."). For the reasons stated below, the Court GRANTS the habeas petition.1. On March 24, 2025, an Immigration Judge ("IJ") denied Petitioner's asylum application and other requests for relief and ordered Petitioner removed. Pet. at 9; Dkt. 1-5 at 1. On August 8, 2025, the Board of Immigration Appeals affirmed the decision, and the removal order became final. Pet. at 9. On November 18, 2025, the Ninth Circuit stayed Petitioner's removal pending further order of the court. Dkt. 1-5 at 3. Throughout these proceedings, Petitioner has remained detained at the Otay Mesa Detention Center.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) does not bar Petitioner's collateral challenge to the constitutionality of his current detention. As courts have consistently found, a challenge to continued detention pending removal does not intrude on the government's discretion to decide "when" or "whether" to execute a removal order and falls outside § 1252(g)'s scope. See Phakeokoth v. Noem, No. 3:25-cv-02817-RBM-SBC, 2025 WL 3124341, at *3 (S.D. Cal. Nov. 7, 2025); Esmaeili v. Noem, No. 26-CV-0203-GPC-JLB, 2026 WL 240661 (S.D. Cal. Jan. 29, 2026).3. The Court finds that Petitioner's continued detention violates his substantive due process rights under Zadvydas v. Davis, 533 U.S. 678, 701 (2001) (after the six-month presumptively reasonable period following a final removal order, continued detention is lawful only if the government rebuts the noncitizen's showing that there is no significant likelihood of removal in the reasonably foreseeable future). Petitioner has been detained for more than seven months since the August 8, 2025 final removal order, and Respondents concede that there is no significant likelihood that removal is reasonably foreseeable. Dkt. 6 at 1. Given Respondents' concession and the Ninth Circuit stay of Petitioner's removal, the Court finds that Petitioner has shown---and the government has not rebutted---that removal is not reasonably foreseeable. Zadvydas, 533 U.S. at 701. Therefore, Petitioner's continued detention is unlawful under Zadvydas, and he is entitled to immediate release.The Court's ruling and injunctive terms are set forth in a separate order at Dkt. 11. Signed by Judge Jinsook Ohta on 04/02/2026. (rh) Modified on 4/7/2026 (rxc). (Entered: 04/02/2026)

#11

Apr 02, 2026

Order granting petition for writ of habeas corpus. Signed by Judge Jinsook Ohta on 04/02/2026. (rh) (Additional attachment(s) added on 4/7/2026: # 1 Redacted Order granting petition for writ of habeas corpus) (rxc). (Entered: 04/02/2026)

#12

Apr 02, 2026

CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that judgment is in favor of H.A. against Christopher LaRose, Jesus Rocha, Kristi Noem, Pamela Bondi, Sirce Owen, Todd M. Lyons. The case is hereby closed. (All non-registered users served via U.S. Mail Service)(maq) (Additional attachment(s) added on 4/7/2026: # 1 Redacted CLERK'S JUDGMENT) (rxc). Modified on 4/7/2026 (rxc). (Entered: 04/02/2026)

Apr 02, 2026

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

#13

Apr 03, 2026

DECLARATION re 11 Order Confirming Release by Respondents Pamela Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Sirce Owen, Jesus Rocha. (Gregg, Kim) (rxc). (Additional attachment(s) added on 4/7/2026: # 1 Redacted DECLARATION re 11 Order Confirming Release) (rxc). (Entered: 04/03/2026)

#15

Apr 10, 2026

***DOCUMENT STRICKEN PER ECF NO. 17 .*** NOTICE of Appearance by Larissa Johnson on behalf of Pamela Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Sirce Owen, Jesus Rocha (Johnson, Larissa)Attorney Larissa Johnson added to party Pamela Bondi(pty:res), Attorney Larissa Johnson added to party Christopher LaRose(pty:res), Attorney Larissa Johnson added to party Todd M. Lyons(pty:res), Attorney Larissa Johnson added to party Kristi Noem(pty:res), Attorney Larissa Johnson added to party Sirce Owen(pty:res), Attorney Larissa Johnson added to party Jesus Rocha(pty:res) (rxc). (Main Document 15 replaced on 4/10/2026) (rxc). Modified on 4/10/2026 (rxc). (Entered: 04/10/2026)

#16

Apr 10, 2026

NOTICE of withdrawal as co-counsel by Pamela Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Sirce Owen, Jesus Rocha (Gregg, Kim) (rxc). (Entered: 04/10/2026)

#17

Apr 10, 2026

Notice of Document Discrepancies and Order Thereon by Judge Jinsook Ohta Rejecting re 15 Notice of Appearance from Respondents Pamela Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Sirce Owen, Jesus Rocha. Non-compliance with local rule(s), The filing was captioned with the name other than the pseudonym.. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Jinsook Ohta on 4/10/2026. (Attachments: # 1 Rejected Document ECF 15)(rxc) (Entered: 04/10/2026)

#18

Apr 13, 2026

***DOCUMENT STRICKEN PER ECF NO. 21 .*** MOTION for Reconsideration re 11 Order, 10 Minute Order (No Time),,,,,,,,,,,, Terminate Motion and R&R Deadlines/Hearings,,,,,,,,,,, by Pamela Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Sirce Owen, Jesus Rocha. (Attachments: # 1 Declaration Declaration of Denise Barroga)(Johnson, Larissa) (rxc). (Main Document 18 replaced on 4/13/2026) (rxc). Modified on 4/13/2026 (rxc). (Entered: 04/13/2026)

#19

Apr 13, 2026

NOTICE of Appearance by Larissa Johnson on behalf of Pamela Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Sirce Owen, Jesus Rocha (Johnson, Larissa) (rxc). (Entered: 04/13/2026)

#20

Apr 13, 2026

MOTION for Reconsideration re 11 Order, 10 Minute Order (No Time),,,,,,,,,,,, Terminate Motion and R&R Deadlines/Hearings,,,,,,,,,,, by Pamela Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Sirce Owen, Jesus Rocha. (Attachments: # 1 Declaration of Denise Barroga)(Johnson, Larissa) (rxc). (Entered: 04/13/2026)

#21

Apr 13, 2026

Notice of Document Discrepancies and Order Thereon by Judge Jinsook Ohta Rejecting re 18 MOTION for Reconsideration re 11 Order, 10 Minute Order (No Time)Terminate Motion and R&R Deadlines/Hearings, from Respondents Pamela Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Sirce Owen, Jesus Rocha. Non-compliance with local rule(s), OTHER: The filing was captioned with the name other than the pseudonym. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Jinsook Ohta on 4/13/2026. (Attachments: # 1 Rejected Document ECF 18)(rxc) (Entered: 04/13/2026)

#22

Apr 24, 2026

Minute Order by Judge Jinsook Ohta: Following Petitioner's release from custody, Dkt. 11, the government filed a motion to reconsider, arguing that Petitioner is actually subject to mandatory detention under § 1225 because his removal was stayed by the Ninth Circuit. Dkt. 20. The Court finds that representation is necessary given the complexity and potential validity of the constitutional, statutory, and procedural issues presented. Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Accordingly, the Court CONDITIONALLY APPOINTS Federal Defenders of San Diego, Inc. as counsel effectively immediately. The Court ORDERS Petitioner to submit a form CJA 23 financial affidavit by May 21, 2026 to demonstrate financial eligibility. See Terrovona v. Kincheloe, 912 F.2d 1176, 118182 (9th Cir. 1990); 18 U.S.C. § 3006A(b).The Court further ORDERS Petitioner to file a response to the motion for reconsideration by May 21, 2026. Respondents may file a reply by June 4, 2026. The Court will take the matter under submission. Signed by Judge Jinsook Ohta on 04/24/2026. (rh) (All non-registered users served via U.S. Mail Service) (rxc). (Entered: 04/24/2026)

#23

Apr 24, 2026

NOTICE of Appearance by Kara Lee Hartzler on behalf of H.A. (Hartzler, Kara)Attorney Kara Lee Hartzler added to party H.A.(pty:pet) (rxc). (Entered: 04/24/2026)

Apr 24, 2026

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

#24

Apr 27, 2026

NOTICE of Appearance Replacing Kara Hartzler by Katherine Marie Hurrelbrink on behalf of H.A. (Hurrelbrink, Katherine)Attorney Katherine Marie Hurrelbrink added to party H.A.(pty:pet) (rxc). (Entered: 04/27/2026)

#26

May 18, 2026

FINANCIAL AFFIDAVIT - CJA 23 by H.A. (stn) (Entered: 05/20/2026)

#25

May 20, 2026

MOTION to Amend/Correct Briefing Schedule (Unopposed) by H.A.. (Hurrelbrink, Katherine) (jpp). (Entered: 05/20/2026)

#27

May 21, 2026

Minute Order by Judge Jinsook Ohta: The Court GRANTS Petitioner's unopposed motion to amend the briefing schedule for the motion for reconsideration. Response is due by 5/28/2026. Reply is due by 6/11/2026. Signed by Judge Jinsook Ohta on 05/21/2026. (rh) (Entered: 05/21/2026)

May 21, 2026

Order on Motion to Amend/Correct

#28

May 28, 2026

RESPONSE in Opposition re 20 MOTION for Reconsideration re 11 Order, 10 Minute Order (No Time), Terminate Motion and R&R Deadlines/Hearings, filed by H.A.. (Hurrelbrink, Katherine) (rxc). (Entered: 05/28/2026)

#29

Jun 09, 2026

Notice of Appearance

#30

Jun 11, 2026

Reply to Response to Motion

#32

Jul 27, 2026

Order

Jul 27, 2026

Order on Motion for Reconsideration

#33

Sep 25, 2026

Notice of Appeal to 9th Circuit

#34

Oct 02, 2026

USCA Case Number

#35

Oct 02, 2026

USCA Time Schedule Order