Southern District of California • 3:26-cv-04592

#1

Aug 11, 2026

Petition for Writ of Habeas Corpus against Todd Blanche, Patrick Divver, Christopher LaRose, Todd Lyons, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration Customs Enforcement ( Filing fee $ 5 receipt number ACASDC-21500958.), filed by Omarbek Didikov. (Attachments: # 1 Civil Cover Sheet, # 2 A Parole Documents)The new case number is 3:26-cv-4592-JO-SBC. Judge Jinsook Ohta and Magistrate Judge Steve B. Chu are assigned to the case. (McGoldrick, Brian)(ddo). (Entered: 08/11/2026)

#2

Aug 11, 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 [date] 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 08/11/2026. (rh) (Entered: 08/11/2026)

Aug 11, 2026

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

#3

Aug 13, 2026

NOTICE of Appearance and Substitution of Counsel by Hunter V. Norton on behalf of Todd Blanche, Patrick Divver, Christopher LaRose, Todd Lyons, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration Customs Enforcement (Norton, Hunter)Attorney Hunter V. Norton added to party Todd Blanche(pty:res), Attorney Hunter V. Norton added to party Patrick Divver(pty:res), Attorney Hunter V. Norton added to party Christopher LaRose(pty:res), Attorney Hunter V. Norton added to party Todd Lyons(pty:res), Attorney Hunter V. Norton added to party Markwayne Mullin(pty:res), Attorney Hunter V. Norton added to party U.S. Department of Homeland Security(pty:res), Attorney Hunter V. Norton added to party U.S. Immigration Customs Enforcement(pty:res)(gsw) (Entered: 08/13/2026)

#4

Aug 18, 2026

RETURN to Petition for Writ of H/C by Todd Blanche, Patrick Divver, Christopher LaRose, Todd Lyons, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration Customs Enforcement. (Attachments: # 1 Exhibit 1 (RAP Sheet))(Norton, Hunter)(gsw) (Entered: 08/18/2026)

#5

Aug 18, 2026

TRAVERSE to Petition for Writ of H/C by Omarbek Didikov, re 4 Return to Petition for Writ of H/C, 1 Petition for Writ of Habeas Corpus, filed by Omarbek Didikov. (McGoldrick, Brian)(gsw) (Entered: 08/18/2026)

#6

Aug 19, 2026

Minute Order by Judge Jinsook Ohta: Omarbek Didikov 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. Respondents do not oppose a bond hearing (but do oppose release) based on the Ninth Circuit's decision in Rodriguez Vasquez v. Bostock, No. 25-6842, ---F.4th--- (9th Cir. July 30, 2026). Dkt. 4.1. Petitioner entered the United States on or about December 11, 2022 and was immediately detained by Respondents. Dkt. 1 ¶ 44. He was subsequently released on humanitarian parole, and his asylum application remains pending. See id. ¶¶ 44, 46, 49; Dkt. 1-2. On or about July 25, 2026, Petitioner was arrested by ICE officers as he was making a Door Dash delivery at Camp Pendleton. Dkt. 1 ¶ 49. Since that time, Petitioner has been detained without a bond hearing at the Otay Mesa Detention Center. Id. 2. For the reasons stated in Rodriguez Vasquez v. Bostock, No. 25-6842, ---F.4th--- (9th Cir. July 30, 2026), the Court finds that (i) 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; and (ii) Petitioner is subject to the discretionary detention framework of § 1226, not § 1225(b)(2), because he was already residing in the United States at the time of his arrest. See Dkt. 1 ¶ 44.3. The Court further finds that the government violated Petitioner's Fifth Amendment due process rights by revoking his prior release on bond without an individualized determination of flight risk or danger to the public. Mathews v. Elridge, 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."). Petitioner acquired a protectable liberty interest when the government previously granted his release pending removal proceedings. See Morrissey v. Brewer, 408 U.S. 471, 482 (1972) (grant of parole carries an "implicit promise" that liberty will be revoked only for violation of release conditions). Although Petitioner appears to have a prior arrest for vehicle theft, see Dkt. 4 at 2; Dkt. 4-1 at 2, Respondents have offered no evidence that it detained him after considering those facts and making an individualized determination of his danger to the public or flight risk. See 8 C.F.R. § 1236.1(c)(8). Instead, Respondents afforded Petitioner no process before detaining him. The absence of any individualized determination significantly risked erroneously depriving Petitioner of his liberty interest, and the government has offered no evidence that the burdens of providing such process would outweigh this substantial liberty interest. Therefore, the Court finds that Petitioner has been subjected to unconstitutional detention and orders his immediate release.4. Because Petitioner is entitled to a bond hearing to justify his detention pursuant to 8 U.S.C. § 1226, the Court further enjoins Respondent from redetaining Petitioner without first providing a bond hearing before an immigration judge to justify a deprivation of his liberty interest. See, e.g., Aceros v. Kaiser, No. 25-CV-06924-EMC (EMC), 2025 WL 2637503, at *12 (N.D. Cal. Sept. 12, 2025); Valencia Zapata v. Kaiser, 801 F. Supp. 3d 919, 938 (N.D. Cal. 2025); O.G. v. Albarran, No. 1:26-CV-00010-TLN-DMC, 2026 WL 19105, at *5 (E.D. Cal. Jan. 3, 2026). While § 1226 allows the government to hold a noncitizen in custody while it decides whether to initially grant release, a pre-deprivation hearing is the more appropriate remedy for individuals like Petitioner who already enjoy a liberty interest. In order to prevent an erroneous deprivation of that existing liberty interest and satisfy due process requirements, this hearing must take place prior to any detention. See Boumediene v. Bush, 553 U.S. 723, 779-80 (2008) (while habeas relief commonly includes release from physical imprisonment, "depending on the circumstances, more [relief] may be required"); Rodriguez v. Hayes, 591 F.3d 1105, 1117 (9th Cir. 2010) (holding that petitioner's release---revocable at the government's discretion---did not provide complete relief where petitioner sought a legal ruling that he could only be redetained upon a bond hearing); 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 relief to prevent redetention on the same allegedly unlawful basis).The Court's order and injunctive terms are set forth at Dkt. 7. Signed by Judge Jinsook Ohta on 08/19/2026. (rh) (Entered: 08/19/2026)

#7

Aug 19, 2026

Order granting habeas petition. Signed by Judge Jinsook Ohta on 08/19/2026. (rh) (Entered: 08/19/2026)

#8

Aug 19, 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: 08/21/2026)

Aug 19, 2026

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

#9

Aug 21, 2026

NOTICE Confirming Petitioner's Release from Immigration Custody by Todd Blanche, Patrick Divver, Christopher LaRose, Todd Lyons, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration Customs Enforcement (Attachments: # 1 Declaration of Deportation Officer)(Norton, Hunter)(gsw) (Entered: 08/21/2026)