Southern District of California • 3:26-cv-02191

#1

Apr 07, 2026

Petition for Writ of Habeas Corpus against Todd Blanche, Christopher LaRose, Todd Lyons, Markwayne Mullin ( Filing fee $ 5 receipt number ACASDC-21003366.), filed by Rossana Chiquinquira Fuenmayor Angulo. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit NTA (I-862), # 3 Exhibit Bond Order)The new case number is 3:26-cv-2191-JO-BLM. Judge Jinsook Ohta and Magistrate Judge Barbara Lynn Major are assigned to the case. (Monsalve, Alejandro)(tac) (sjt). (Entered: 04/07/2026)

#2

Apr 07, 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 30, 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 4/7/2026. (mk) (Entered: 04/07/2026)

Apr 07, 2026

Minute Order (No Time)

#3

Apr 15, 2026

Return to Petition for Writ of H/C

#4

Apr 15, 2026

Notice of Appearance

#5

Apr 16, 2026

Traverse to Petition for Writ of H/C

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Apr 22, 2026

Minute Order by Judge Jinsook Ohta: Rossana Chiquinquira Fuenmayor Angulo filed a petition for writ of habeas corpus challenging her detention as a violation of due process. See Dkt. 1 ("Pet."); Dkt. 5. The government filed a non-opposition to Petitioners request for relief. Dkt. 3. 1. On or about May 9, 2023, Petitioner entered the United States without inspection and was detained by immigration officials. See Pet. ¶ 28; Dkt. 1-2 at 2. After being released on humanitarian parole, she filed for asylum and obtained work authorization. See Pet. ¶¶ 29-30, 32. On August 27, 2025, the Department of Homeland Security issued a Notice to Appear placing Petitioner in removal proceedings under INA § 240. Id. ¶ 31. On February 13, 2026, immigration officials arrested Petitioner at a traffic stop. Id. ¶ 33. She has been detained at the Otay Mesa Detention Center since that time. Id. ¶ 34. On March 13, 2026, an immigration judge denied Petitioners request for a custody redetermination for lack of jurisdiction. Id. ¶ 35. 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 her current detention. 3. The Court further finds that the government violated Petitioner's Fifth Amendment due process rights by revoking her release on humanitarian parole without an individualized determination and written notice that she had violated the conditions of her release. See Mathews v. Eldridge, 424 U.S. 319, 321 (1976) (due process analysis considers (1) "the private interest that will be affected by the [government] action"; (2) "the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional procedural safeguards"; and (3) "the Government's interest, including the fiscal and administrative burdens that the additional or substitute procedures would entail."). Here, Petitioner acquired a protectable liberty interest when she was granted humanitarian parole for the purpose of seeking asylum pursuant to U.S.C. § 1182(d)(5). See Pet. ¶¶ 28-32. Under the governing statute and regulations, Petitioner held a protectable interest in remaining at liberty absent changes rendering her a security risk or a risk of absconding, the completion of her asylum proceedings, or a determination that humanitarian reasons and public benefit no longer warranted her continued presence in the country. See 8 U.S.C. § 1182(d)(5)(A); 8 C.F.R. § 212.5(e); Y-Z-L-H v. Bostock, 792 F.Supp.3d 1123, 1144-45 (D. Or. 2025). The absence of any individualized determination significantly risked erroneously depriving Petitioner of her liberty interest, and the government has offered no evidence that the burdens of providing such process would outweigh this substantial liberty interest. Because the Court finds that Petitioner has been subjected to unconstitutional detention since her arrest on February 13, 2026, it grants her petition for habeas corpus and orders her immediate release on the same conditions of her prior grant of humanitarian parole.The Court's ruling and injunctive terms are set forth in a separate order at Dkt. 7. Signed by Judge Jinsook Ohta on 04/22/2026. (rh) (Entered: 04/22/2026)

#7

Apr 22, 2026

Order

Apr 22, 2026

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

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Apr 23, 2026

Declaration

#9

Apr 24, 2026

Judgment - Clerk