Southern District of California • 3:26-cv-02365

#1

Apr 13, 2026

Petition for Writ of Habeas Corpus against Warden Jeremy Casey, IFP Filed, filed by Rigat Abrha Hagos. (Attachments: # 1 Civil Cover Sheet, # 2 Letter, # 3 Mailing Envelope)The new case number is 3:26-cv-2365-JO-SBC. Judge Jinsook Ohta and Magistrate Judge Steve B. Chu are assigned to the case.[Case in Screening] (rxc) (Entered: 04/16/2026)

#2

Apr 13, 2026

MOTION for Leave to Proceed in forma pauperis by Rigat Abrha Hagos. (rxc) (Entered: 04/16/2026)

#3

Apr 13, 2026

MOTION to Appoint Counsel by Rigat Abrha Hagos. (rxc) (Entered: 04/16/2026)

#4

Apr 16, 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 May 7, 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 4/16/2026. (mk) (All non-registered users served via U.S. Mail Service) (rxc). (Entered: 04/16/2026)

#5

Apr 16, 2026

Minute Order by Judge Jinsook Ohta: Petitioner Rigat Abrha Hagos filed a motion to proceed in forma pauperis ("IFP"). Dkt. 2. Civil Local Rule 3.2 requires a litigant seeking IFP status to submit an affidavit of assets demonstrating an inability to pay the filing fee to maintain a civil action. Because Petitioner has submitted an affidavit attesting that he has no assets or income, the Court finds that he has demonstrated an inability to pay the $5 filing fee. Therefore, the Court GRANTS the application to proceed IFP [Dkt. 2]. Signed by Judge Jinsook Ohta on 4/16/2026. (mk) (Entered: 04/16/2026)

Apr 16, 2026

Order on Motion for Leave to Proceed In Forma Pauperis

Apr 16, 2026

Minute Order (No Time)

#6

Apr 21, 2026

Notice of Appearance

#7

Apr 23, 2026

Return to Petition for Writ of H/C

#8

May 04, 2026

Minute Order by Judge Jinsook Ohta: Rigat Abrha Hagos filed a petition for writ of habeas corpus challenging his prolonged detention as a violation of the Fifth Amendment Due Process Clause. Dkt. 1. For the reasons stated below, the Court GRANTS the habeas petition. 1. Petitioner entered the United States without inspection and was detained by immigration officials shortly after on March 15, 2025. Dkt. 1 at 2, 6. On February 24, 2026, an Immigration Judge ordered Petitioner removed, and Petitioner appealed that decision with the Board of Immigration Appeals on March 17, 2026, where it remains pending. See EOIR Automated Case Information, https://acis.eoir.justice.gov/en/caseInformation; United States v. Basher, 629 F.3d 1161, 1165 n.2 (9th Cir. 2011) (government online sources are proper subjects of judicial notice as they are capable of accurate and ready determination). Petitioner has been continuously detained at the Imperial Regional Detention Facility without a bond hearing for over 13 months. Dkt. 1 at 7.2. For the reasons stated in Faizi v. Larose, No. 25-CV-02974-JO-MSB, 2026 WL 1112035, *3 (S.D. Cal. Apr. 24, 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. Further, for the reasons stated Faizi, 2026 WL 1112035 at *3-*5, the Court examines whether, notwithstanding statutory authorization, Petitioner's prolonged detention without a bond hearing violates the Due Process Clause. As explained in Faizi, 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 13 months, and his appeal has been pending before the BIA for over two months. Dkt. 1 at 2, 6; See EOIR Automated Case Information, https://acis.eoir.justice.gov/en/caseInformation. 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. 9. Signed by Judge Jinsook Ohta on 5/4/2026. (mk) (Entered: 05/04/2026)

#9

May 04, 2026

Order

#10

May 04, 2026

Judgment - Clerk

May 04, 2026

Minute Order (No Time)

#11

May 13, 2026

Status Report

#12

Jun 01, 2026

Notice of Appearance

#13

Jun 01, 2026

Enforce Judgment

#14

Jun 01, 2026

Minute Order by Judge Jinsook Ohta: On June 1, 2026, Petitioner filed a motion to enforce judgment [Dkt. 13]. The Court sets the following briefing schedule: Respondents' opposition is due June 8, 2026, and Petitioner's reply is due June 15, 2026.The Court ORDERS Respondents to file along with their opposition (1) a transcript of the bond hearing, if available, and (2) a declaration attaching all evidence submitted at the bond hearing, identifying which evidence was submitted by each party.The Court sets oral argument on the motion for July 2, 2026 at 9:30 AM via teleconference before Judge Jinsook Ohta. 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 6/1/2026. (mk) (Entered: 06/01/2026)

Jun 01, 2026

Minute Order (No Time)

#15

Jun 08, 2026

Response in Opposition to Motion

#16

Jun 08, 2026

Motion to File Documents Under Seal

#17

Jun 08, 2026

Sealed Lodged Proposed Document

#18

Jun 15, 2026

Reply to Response to Motion

#20

Jul 02, 2026

Order on Motion to Enforce Judgment

Jul 02, 2026

Motion Hearing

#21

Jul 06, 2026

Status Report