Southern District of California • 3:26-cv-01973

#1

Mar 27, 2026

Petition for Writ of Habeas Corpus against Christopher LaRose (Filing fee $ 5 receipt number 168118.), filed by Ozer Nese. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt, # 3 Envelope)The new case number is 3:26-cv-1973-JO-SBC. Judge Jinsook Ohta and Magistrate Judge Steve B. Chu are assigned to the case.(dim) (Entered: 03/31/2026)

#2

Mar 31, 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 16, 2026 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 3/31/2026. (mk) (Entered: 03/31/2026)

Mar 31, 2026

Minute Order (No Time)

#3

Apr 07, 2026

Notice of Appearance

#4

Apr 07, 2026

Response to Petition

#5

Apr 14, 2026

Minute Order by Judge Jinsook Ohta: Ozer Nese filed a petition for writ of habeas corpus challenging his prolonged detention as a violation of the Fifth Amendment Due Process Clause. For the reasons stated below, the Court GRANTS the habeas petition. 1. Petitioner has been in removal proceedings and immigration custody since April 4, 2025, approximately 12 months. Dkt. 1 at 1. On February 12, 2026, an Immigration Judge ("IJ") granted Petitioner's asylum application. Id. The Department of Homeland Security appealed that decision on March 16, 2026, and that appeal remains pending. Id. As a result, Petitioner remains detained at the Otay Mesa Detention Center without a bond hearing. 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 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. Here, Petitioner has been detained for over 12 months, and the government's appeal of the IJ's grant of asylum has been pending before the Board of Immigration Appeals for nearly a month. Dkt. 1 at 1. 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. 6. Signed by Judge Jinsook Ohta on 4/14/2026. (mk) (All non-registered users served via U.S. Mail Service) (rxc). (Entered: 04/14/2026)

#6

Apr 14, 2026

Order

Apr 14, 2026

Minute Order (No Time)

#7

Apr 15, 2026

Judgment - Clerk

#8

Apr 23, 2026

Notice (Other)

#9

Apr 23, 2026

Notice of Appearance

#11

May 04, 2026

Status Report

May 04, 2026

Minute Order (No Time)

#12

May 15, 2026

Mail Returned