Southern District of California • 3:26-cv-01823

#1

Mar 23, 2026

Petition for Writ of Habeas Corpus against Daniel A. Brightman, Christopher J. Larose, Todd M. Lyons, Kristi Noem ( Filing fee $ 5 receipt number ACASDC-20933976.), filed by Mario Milis. (Attachments: # 1 Civil Case Cover Sheet, # 2 Declaration Part 1: Declaration of Katherine Evans, Table of Exhibits and Bates Pages 001-156 of Exhibits (Redacted, motion to seal forthcoming), # 3 Exhibit Part 2: Bates Pages 157-322 of Exhibits (Redacted, motion to seal forthcoming), # 4 Exhibit Part 3: Bates Pages 323-466 of Exhibits (Redacted, motion to seal forthcoming))The new case number is 3:26-cv-1823-JO-SBC. Judge Jinsook Ohta and Magistrate Judge Steve B. Chu are assigned to the case. (Parker, Katherine)(tac) (Entered: 03/23/2026)

#2

Mar 23, 2026

MOTION to File Documents Under Seal (Parker, Katherine) (Entered: 03/23/2026)

#3

Mar 23, 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 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 3/23/2026. (mk) (Entered: 03/23/2026)

#4

Mar 23, 2026

SEALED LODGED Proposed Document re: 2 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Parker, Katherine) (Entered: 03/23/2026)

#5

Mar 23, 2026

SEALED LODGED Proposed Document re: 2 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Parker, Katherine) (Entered: 03/23/2026)

Mar 23, 2026

Minute Order (No Time)

#6

Mar 24, 2026

Request to Appear Pro Hac Vice (Filing fee received: $ 224 receipt number ACASDC-20937501.)(Application to be reviewed by Clerk.) (Evans, Katherine)(jrd) (Entered: 03/24/2026)

#7

Mar 24, 2026

PRO HAC APPROVED: Katherine Evans appearing for Petitioner Mario Milis. (no document attached) (jrd) (Entered: 03/24/2026)

#8

Mar 24, 2026

MINUTE ORDER OF RECUSAL. Magistrate Judge Steve B. Chu is no longer assigned. Case reassigned to Magistrate Judge Barbara Lynn Major for all further proceedings. The new case number is 26cv1823-JO-BLM.(no document attached) (jmo) (Entered: 03/24/2026)

Mar 24, 2026

Order of Judge Transfer

Mar 24, 2026

Pro Hac Vice Approved - Clerk

#9

Mar 26, 2026

Notice of Appearance

#10

Mar 27, 2026

Notice of Appearance

#11

Mar 27, 2026

Undertake Student Supervision - GO 644

#12

Mar 30, 2026

Return to Petition for Writ of H/C

#13

Apr 02, 2026

Reply - Other

#14

Apr 02, 2026

Sealed Lodged Proposed Document

#15

Apr 08, 2026

Minute Order by Judge Jinsook Ohta: Mario Milis filed a petition for writ of habeas corpus under 28 U.S.C. § 2241, challenging his prolonged detention as a violation of the Fifth Amendment Due Process Clause. See Dkt. 1. For the reasons stated below, the Court GRANTS the habeas petition. 1. Petitioner entered the United States on February 17, 1997 on parole. Id. P. 98; Dkt. 1-2 at 56 P. 6. On September 20, 2024, the Department of Homeland Security ("DHS") initiated removal proceedings under Section 240 of the Immigration and Nationality Act and took him into custody. Dkt. 1 P. 21; Dkt. 1-2 at 32. On December 5, 2025, an Immigration Judge ordered Petitioner removed but granted certain additional relief, and both DHS and Petitioner appealed that decision to the Board of Immigration Appeals. Dkt. 1 P. 29. As a result, Petitioner's appeal remains pending, and he has been detained at the Otay Mesa Detention Center for over eighteen months without a bond hearing. Id. P. 1. 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 Dkt. 1. 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. See also Lopez v. Garland, 631 F. Supp. 3d 870 (E.D. Cal. 2022) (in the § 1226(c) context, evaluating similar factors such as the total length of detention and the likely duration of future detention in determining whether a bond hearing is required). Here, Petitioner has been detained for over eighteen months, and his appeal has been pending before the BIA for more than three months. 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 where the government has not articulated any legitimate interest to justify 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. 16. Signed by Judge Jinsook Ohta on 4/8/2026. (mk) (Entered: 04/08/2026)

#16

Apr 08, 2026

Order

#17

Apr 08, 2026

Judgment - Clerk

Apr 08, 2026

Minute Order (No Time)

#18

Apr 17, 2026

Notice (Other)

#19

May 05, 2026

Minute Order by Judge Jinsook Ohta: On April 17, 2026, Respondents filed a notice of compliance confirming that Petitioner was provided a bond hearing in compliance with this Court's order. Dkt. 18. The immigration judge ordered Petitioner released on $5,000 bond, but imposed as conditions of release that "[Petitioner] must self-quarantine/isolate for the first fourteen (14) days following release from DHS custody and arrival at sponsors residence; [and Petitioner] shall not be released from DHS custody until cleared from medical hold." See Dkt. 18-1 at 1. 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 May 7, 2026. Signed by Judge Jinsook Ohta on 05/05/2026. (rh) (Entered: 05/05/2026)

May 05, 2026

Minute Order (No Time)

#20

May 07, 2026

Status Report