Southern District of California • 3:26-cv-04776

#1

Aug 20, 2026

Petition for Writ of Habeas Corpus against Todd Blanche, Field Office Director, U.S. Immigration and Customs Enforcement, Markwayne Mullin, David J. Venturella, Warden/ Facility Administrator, Otay Mesa Detention Center ( Filing fee $ 5 receipt number 171722.), filed by Estrella Marbeli Reyes-Funez. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration of Estrella Marbeli Reyes Funez in Support of Petition for Writ of Habeas Corpus (Redacted), # 3 Declaration of Estrella Marbeli Reyes Funez in Support of Petition for Writ of Habeas Corpus (Unredacted), # 4 Exhibit - U.S. Department of Homeland Security (Detention Information), # 5 Exhibit - Part 1, # 6 Exhibit - Part 2, # 7 Receipt)The new case number is 3:26-cv-4776-JO-SBC. Judge Jinsook Ohta and Magistrate Judge Steve B. Chu are assigned to the case.(ggv) (Entered: 08/21/2026)

#2

Aug 20, 2026

MOTION for Temporary Restraining Order by Estrella Marbeli Reyes-Funez. (ggv) (Entered: 08/21/2026)

#3

Aug 21, 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 8/21/2026. (mk) (Entered: 08/21/2026)

Aug 21, 2026

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

#4

Aug 25, 2026

NOTICE of Appearance and Substitution of Counsel by Danielle Lynn Brown on behalf of Todd Blanche, Field Office Director, U.S. Immigration and Customs Enforcement, Markwayne Mullin, David J. Venturella, Warden/ Facility Administrator, Otay Mesa Detention Center (Attachments: # 1 Proof of Service)(Brown, Danielle)Attorney Danielle Lynn Brown added to party Todd Blanche(pty:res), Attorney Danielle Lynn Brown added to party Field Office Director, U.S. Immigration and Customs Enforcement(pty:res), Attorney Danielle Lynn Brown added to party Markwayne Mullin(pty:res), Attorney Danielle Lynn Brown added to party David J. Venturella(pty:res), Attorney Danielle Lynn Brown added to party Warden/ Facility Administrator, Otay Mesa Detention Center(pty:res)(gsw) (Entered: 08/25/2026)

#5

Aug 28, 2026

RETURN to Petition for Writ of H/C by Todd Blanche, Field Office Director, U.S. Immigration and Customs Enforcement, Markwayne Mullin, David J. Venturella, Warden/ Facility Administrator, Otay Mesa Detention Center. (Attachments: # 1 Proof of Service)(Brown, Danielle)(gsw) (Entered: 08/28/2026)

#6

Aug 28, 2026

Minute Order by Judge Jinsook Ohta: The government shall file a status report once a bond hearing has been scheduled for Petitioner, specifying the date of the scheduled hearing. Signed by Judge Jinsook Ohta on 8/28/2026. (mk) (All non-registered users served via U.S. Mail Service)(gsw) (Entered: 08/28/2026)

Aug 28, 2026

Minute Order (No Time)

#7

Aug 31, 2026

NOTICE of Hearing: The hearing on the petition for writ of habeas corpus set for 9/3/2026 is vacated and is rescheduled for 9/10/2026 09:00 AM before Judge Jinsook Ohta. The Court will take the matter under submission without oral argument. (All non-registered users served via U.S. Mail Service)(no document attached) (smy) (Entered: 08/31/2026)

#8

Aug 31, 2026

Petitioner's Supporting Brief in Support of Immediate Release filed by Estrella Marbeli Reyes-Funez. (Attachments: # 1 Envelope)(gsw) (Entered: 09/01/2026)

#9

Aug 31, 2026

Petitioner's TRAVERSE in Reply to Respondents' Return (ECF No. 5 ) filed by Estrella Marbeli Reyes-Funez. (gsw) (Entered: 09/01/2026)

Aug 31, 2026

Notice of Hearing on Motion

#10

Sep 10, 2026

STATUS REPORT by Todd Blanche, Field Office Director, U.S. Immigration and Customs Enforcement, Markwayne Mullin, David J. Venturella, Warden/ Facility Administrator, Otay Mesa Detention Center. (Attachments: # 1 Exhibit 1, # 2 Proof of Service)(Brown, Danielle)(gsw) (Entered: 09/10/2026)

#11

Sep 14, 2026

Minute Order by Judge Jinsook Ohta: The government has filed a status report indicating that Petitioner is scheduled for a bond hearing on September 17, 2026. By September 18, 2026, the Court orders Respondents to file a declaration confirming that Petitioner was provided a bond hearing, reporting the decision in that hearing, and attaching a copy of the Immigration Judge's bond hearing order. Upon receipt, the Court will determine whether to dismiss the petition as moot. Signed by Judge Jinsook Ohta on 9/14/2026. (mk) (All non-registered users served via U.S. Mail Service)(gsw) (Entered: 09/14/2026)

Sep 14, 2026

Minute Order (No Time)

#12

Sep 18, 2026

STATUS REPORT by Todd Blanche, Field Office Director, U.S. Immigration and Customs Enforcement, Markwayne Mullin, David J. Venturella, Warden/ Facility Administrator, Otay Mesa Detention Center. (Attachments: # 1 Exhibit 1, # 2 Proof of Service)(Brown, Danielle)(gsw) (Entered: 09/18/2026)

#13

Sep 21, 2026

Minute Order by Judge Jinsook Ohta: Petitioner filed a petition for writ of habeas corpus challenging her immigration detention as a violation of due process and seeking immediate release. Dkt. 1. Petitioner entered the United States in or around 2005 and has continuously resided in the country since then. Id. at 2. On August 12, 2026, Immigration and Customs Enforcement ("ICE") officers arrested Petitioner and took her into immigration custody. Id. The government subsequently scheduled a bond hearing for September 17, 2026, but Petitioner withdrew her request for that hearing. Dkt. 12. For the reasons stated in Rodriguez Vasquez v. Bostock, No. 25-6842, ---F.4th--- (9th Cir. July 30, 2026) and Esquivel Pacheco v. LaRose, 818 F. Supp. 3d 1168, 1174-75 (S.D. Cal. 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 her current detention; and (ii) Petitioner is subject to the discretionary detention framework of 8 U.S.C. § 1226, not § 1225(b)(2), because she was already residing in the United States at the time of her arrest. The Court DISMISSES the petition without prejudice because Petitioner has not demonstrated that her detention violates due process at this stage. Section 1226 permits the government to detain a noncitizen pending removal proceedings and provide an opportunity for a bond hearing after detention. See 8 U.S.C. § 1226. Here, the government scheduled a bond hearing approximately one month after Petitioner's detention, but Petitioner withdrew her request for that hearing. Dkt. 12. Therefore, Petitioner has not established that the government denied her an opportunity for a bond hearing or failed to provide her with adequate process following her detention. Petitioner may file a new habeas petition if her detention becomes unconstitutional, for example, if she renews her request for a bond hearing and that request is denied. Signed by Judge Jinsook Ohta on 9/21/2026. (mk) (Entered: 09/21/2026)

Sep 21, 2026

Minute Order (No Time)