Southern District of California • 3:26-cv-04348

#1

Jul 29, 2026

Petition for Writ of Habeas Corpus against Gregory Archambeault, Todd Blanche, Todd Lyons, Sixto Marrero, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement ( Filing fee $ 5 receipt number ACASDC-21447584.), filed by Franklin Gerardo Alexand Aguilar Perez. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration, # 3 Exhibit)The new case number is 3:26-cv-4348-JO-BJW. Judge Jinsook Ohta and Magistrate Judge Brian J. White are assigned to the case. (Holguin-Flores, Andres)(dde) (Entered: 07/29/2026)

#2

Jul 29, 2026

Minute Order by Judge Jinsook Ohta: The Court adopts the Standard Procedures for Immigration Habeas Petitions from Chief Judge Order No. 144 with the following modifications: The government's return shall identify and address any individualized concerns regarding Petitioner's danger to the community or flight risk, including the factual basis for any such concerns. Petitioner's optional traverse shall be due within three days of the government's return. Further, the Court sets a hearing on the petition for August 13, 2026 at 9:30 AM. 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 07/29/2026. (rh) (Entered: 07/29/2026)

Jul 29, 2026

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

#3

Aug 04, 2026

NOTICE of Appearance by Antonio Estrada on behalf of Gregory Archambeault, Todd Blanche, Todd Lyons, Sixto Marrero, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Estrada, Antonio)Attorney Antonio Estrada added to party Gregory Archambeault(pty:res), Attorney Antonio Estrada added to party Todd Blanche(pty:res), Attorney Antonio Estrada added to party Todd Lyons(pty:res), Attorney Antonio Estrada added to party Sixto Marrero(pty:res), Attorney Antonio Estrada added to party Markwayne Mullin(pty:res), Attorney Antonio Estrada added to party U.S. Department of Homeland Security(pty:res), Attorney Antonio Estrada added to party U.S. Immigration and Customs Enforcement(pty:res) (rxc). (Entered: 08/04/2026)

#4

Aug 05, 2026

RETURN to Petition for Writ of H/C by Gregory Archambeault, Todd Blanche, Todd Lyons, Sixto Marrero, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration Declaration Confirming Release)(Estrada, Antonio) (rxc). (Entered: 08/05/2026)

#5

Aug 07, 2026

TRAVERSE to Petition for Writ of H/C by Franklin Gerardo Alexand Aguilar Perez, re 4 Return to Petition for Writ of H/C, 1 Petition for Writ of Habeas Corpus,, filed by Franklin Gerardo Alexand Aguilar Perez. (Attachments: # 1 Declaration, # 2 Exhibit)(Holguin-Flores, Andres) (rxc). (Entered: 08/07/2026)

#6

Aug 12, 2026

Minute Order by Judge Jinsook Ohta: The Court VACATES the August 13, 2026 hearing. The Court will take the matter under submission and issue a written ruling. Signed by Judge Jinsook Ohta on 08/12/2026. (rh) (Entered: 08/12/2026)

Aug 12, 2026

Minute Order (No Time)

#7

Aug 17, 2026

Minute Order by Judge Jinsook Ohta: Petitioner Franklin Geraro Alexander Aguilar Perez, a Guatemalan national, filed a petition for writ of habeas corpus under 28 U.S.C. § 2241, challenging his detention as a violation of due process. See Dkt. 1. 1. Petitioner entered the United States as an unaccompanied minor on or about March 11, 2023 and was detained by the Office of Refugee Resettlement. Dkt. 1 ¶ 23. On or about March 24, 2023, Petitioner was released to the care of his mother. Id. ¶ 24. On May 1, 2026, Immigration and Customs Enforcement arrested Petitioner in Florida and transferred him to the Imperial Regional Detention Facility, where he was detained without a bond hearing until his release on August 5, 2026. Id. ¶ 27; Dkt. 4-1 ¶ 3. As new conditions of release, Petitioner is required to wear a GPS ankle monitor, attend ICE check-ins, and secure written permission from ICE before moving residences. See Dkt. 5 at 2. Respondents argue that the petition is moot because Petitioner was released from custody on August 5, 2026, but do not otherwise oppose the petition, the Court's jurisdiction, or the relief sought. See Dkt. 4. 2. The Court finds that the petition is not moot because Petitioner remains subject to conditions that restrict his freedom, even though he is not physically confined to a detention center. When a noncitizen's release is contingent upon limitations on his freedom, he "retains a personal stake in the determination of his claim such that it is not moot." See Rodriguez v. Hayes, 591 F.3d 1105, 1117 (9th Cir. 2010) (holding that "limitations on Petitioner's freedom," such as a curfew and ankle monitoring, "provide an additional reason why his case presents a live controversy"). Here, the government's release of Petitioner on August 5, 2026, subject to ankle monitoring, ICE check-ins, and restrictions on freedom of movement, does not moot his due process claim seeking "release... from custody without any additional restraints on his liberty." See Dkt. 1 at 26. If Petitioner prevails on his due process claim, he would be entitled to release without these newly imposed restraints. See id. Because the government's conditional release fails to provide complete relief, the Court finds that Petitioner's due process claim is not moot. See Clark v. Martinez, 543 U.S. 371, 376 n.3 (2005) (despite release, petitioner's habeas claim challenging the statutory authority for his detention "continue[d] to present a live case or controversy" because the court could provide additional injunctive relief). Accordingly, because Respondents do not oppose the appropriateness of relief addressing Petitioner's release conditions, the Court grants the petition and orders Respondents to restore Petitioner to the release conditions that applied before his May 1, 2026 detention.The Court's order and injunctive terms are set forth at Dkt. 8. Signed by Judge Jinsook Ohta on 08/17/2026. (rh) (Entered: 08/17/2026)

#8

Aug 17, 2026

Order Granting Habeas Petition. Signed by Judge Jinsook Ohta on 08/17/2026. (rh) (Entered: 08/17/2026)

#9

Aug 17, 2026

CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the court GRANTS the Petitioner's Petition for Writ of Habeas Corpus and the case is hereby closed.(gsw) (Entered: 08/17/2026)

Aug 17, 2026

Minute Order (No Time)