Southern District of California • 3:26-cv-04750

#1

Aug 19, 2026

Petition for Writ of Habeas Corpus against Department of Homeland Security, Patrick Divver, Christopher J. LaRose ( Filing fee $ 5 receipt number ACASDC-21532990.), filed by Domingo Simon-Francisco. (Attachments: # 1 Civil Cover Sheet, # 2 Info Sheet)The new case number is 3:26-cv-4750-JO-JLB. Judge Jinsook Ohta and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Torres, Jose)(wxa) (Entered: 08/19/2026)

#2

Aug 19, 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 September 3, 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 8/19/2026. (mk) (Entered: 08/19/2026)

Aug 19, 2026

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

#3

Aug 21, 2026

NOTICE of Appearance and Substitution of Counsel by Danielle Lynn Brown on behalf of Department of Homeland Security, Patrick Divver, Christopher J. LaRose (Brown, Danielle)Attorney Danielle Lynn Brown added to party Department of Homeland Security(pty:res), Attorney Danielle Lynn Brown added to party Patrick Divver(pty:res), Attorney Danielle Lynn Brown added to party Christopher J. LaRose(pty:res)(gsw) (Entered: 08/21/2026)

#4

Aug 26, 2026

NOTICE of Appearance by Erica Skerven on behalf of Department of Homeland Security, Patrick Divver, Christopher J. LaRose (Skerven, Erica)Attorney Erica Skerven added to party Department of Homeland Security(pty:res), Attorney Erica Skerven added to party Patrick Divver(pty:res), Attorney Erica Skerven added to party Christopher J. LaRose(pty:res)(gsw) (Entered: 08/26/2026)

#5

Aug 26, 2026

RETURN to Petition for Writ of H/C by Department of Homeland Security, Patrick Divver, Christopher J. LaRose. (Skerven, Erica)(gsw) (Entered: 08/26/2026)

#6

Aug 31, 2026

Minute Order by Judge Jinsook Ohta: Domingo Simon-Francisco 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 filed a non-opposition to a bond hearing based on the Ninth Circuit's decision in Rodriguez Vasquez v. Bostock, No. 25-6842, ---F.4th--- (9th Cir. July 30, 2026). Dkt. 5.1. Petitioner entered the United States on or about June 10, 2023 and was detained by Respondents after one day. Dkt. 1 PP. 16, 17. The government released him from immigration custody around one month later. Id. at P. 19. On February 18, 2026, Petitioner was arrested by Immigration and Customs Enforcement officers during a traffic stop while riding as a passenger in a friends vehicle. Id. at PP. 21, 22. Since that time, Petitioner has been detained without a bond hearing at the Otay Mesa Detention Center. Id. at P. 24.2. 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. 1.3. 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). The record contains no evidence that Petitioner has a criminal history, poses a danger to the community, or presents a flight risk, and the government has articulated no individualized justification for his continued detention. See 8 C.F.R. § 1236.1(c)(8). 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 8/31/2026. (mk) (Entered: 08/31/2026)

#7

Aug 31, 2026

ORDER Granting Habeas Petition [Dkt. 1]. Signed by Judge Jinsook Ohta on 8/31/2026. (mk) (Entered: 08/31/2026)

#8

Aug 31, 2026

CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the court GRANTS the Petitioner's Petition for Writ of Habeas Corpus. Judgment is entered and thecase is hereby closed.(gsw) (Entered: 08/31/2026)

Aug 31, 2026

Minute Order (No Time)

#9

Sep 02, 2026

STATUS REPORT by Department of Homeland Security, Patrick Divver, Christopher J. LaRose. (Attachments: # 1 Declaration)(Skerven, Erica)(gsw) (Entered: 09/02/2026)