Southern District of California • 3:26-cv-04796

#1

Aug 21, 2026

Petition for Writ of Habeas Corpus against Sergio Albarran, Patrick Divver, Christopher J. LaRose, Todd Lyons, Markwayne Mullin ( Filing fee $ 5 receipt number 171733.), filed by Angel Williams Bonilla Bonilla. (Attachments: # 1 Civil Cover Sheet, # 2 Letter, # 3 Index of Attachments and Exhibits, # 4 Attachment A, # 5 Petitioner Declaration, # 6 Attachment C- Appendix 2.2.A: ICE Custody Classification Worksheet, # 7 Certificate of Service, # 8 Receipt)The new case number is 3:26-cv-4796-JO-GC. Judge Jinsook Ohta and Magistrate Judge Guillermo Cabrera are assigned to the case.(ggv) (Entered: 08/24/2026)

#2

Aug 24, 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. Further, the Court sets a hearing on the petition for September 17, 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 08/24/2026. (rh) (All non-registered users served via U.S. Mail Service)(gsw) (Entered: 08/24/2026)

#3

Aug 24, 2026

**WITHDRAWN PER ECF NO 4 ** NOTICE of Appearance and Substitution of Counsel by Jacob Tyler Metzger on behalf of Sergio Albarran, Patrick Divver, Christopher J. LaRose, Todd Lyons, Markwayne Mullin (Attachments: # 1 Proof of Service)(Metzger, Jacob)Attorney Jacob Tyler Metzger added to party Sergio Albarran(pty:res), Attorney Jacob Tyler Metzger added to party Patrick Divver(pty:res), Attorney Jacob Tyler Metzger added to party Christopher J. LaRose(pty:res), Attorney Jacob Tyler Metzger added to party Todd Lyons(pty:res), Attorney Jacob Tyler Metzger added to party Markwayne Mullin(pty:res)(gsw) (Entered: 08/24/2026)

#4

Aug 24, 2026

NOTICE OF WITHDRAWAL OF DOCUMENT by Sergio Albarran, Patrick Divver, Christopher J. LaRose, Todd Lyons, Markwayne Mullin re 3 Notice of Appearance,, filed by Markwayne Mullin, Patrick Divver, Sergio Albarran, Todd Lyons, Christopher J. LaRose . (Metzger, Jacob)(gsw) (Entered: 08/24/2026)

#5

Aug 24, 2026

NOTICE of Appearance and Substitution of Counsel by Jacob Tyler Metzger on behalf of Sergio Albarran, Patrick Divver, Christopher J. LaRose, Todd Lyons, Markwayne Mullin (Attachments: # 1 Proof of Service)(Metzger, Jacob)(gsw) (Entered: 08/24/2026)

Aug 24, 2026

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

#6

Aug 31, 2026

RETURN to Petition for Writ of H/C by Sergio Albarran, Patrick Divver, Christopher J. LaRose, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit, # 2 Proof of Service)(Metzger, Jacob)(gsw) (Entered: 08/31/2026)

#7

Sep 01, 2026

Minute Order by Judge Jinsook Ohta: Angel Williams Bonilla Bonilla, a citizen of Ecuador, 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. . Petitioner entered the United States without inspection and was detained by the government on December 10, 2023. Dkt. 1-5. That same day, the Department of Homeland Security released him on his own recognizance. Id.; Dkt. 6-1 at 3. Over two years later, on July 28, 2026, Petitioner was arrested by Immigration and Customs Enforcement (ICE) officers. Dkt. 6-1 at 3. Petitioner has since been detained without a bond hearing at the Otay Mesa Detention Center. Dkt. 1.2. 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 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 release 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 failed to report to ICE on December 14, 2025, the government has offered no evidence that it detained him after considering that fact and making an individualized determination of his flight risk or danger to the public. 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 since his arrest on July 28, 2026 and grants his habeas petition requesting 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"); see also Rodriguez v. Hayes, 591 F.3d 1105, 1117 (9th Cir. 2010); Clark v. Martinez, 543 U.S. 371, 376 n.3 (2005).The Court's order and injunctive terms are set forth at Dkt. 8. 1Signed by Judge Jinsook Ohta on 9/1/2026. (mk) (All non-registered users served via U.S. Mail Service)(gsw) (Entered: 09/01/2026)

#8

Sep 01, 2026

ORDER Granting Habeas Petition [Dkt. 1]. Signed by Judge Jinsook Ohta on 9/1/2026. (mk)(All non-registered users served via U.S. Mail Service)(gsw) (Entered: 09/01/2026)

Sep 01, 2026

Minute Order (No Time)

#9

Sep 02, 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.(All non-registered users served via U.S. Mail Service)(gsw) (Entered: 09/02/2026)

#10

Sep 02, 2026

NOTICE of Compliance by Sergio Albarran, Patrick Divver, Christopher J. LaRose, Todd Lyons, Markwayne Mullin (Metzger, Jacob)(gsw) (Entered: 09/02/2026)

#11

Sep 02, 2026

CERTIFICATE OF SERVICE by Sergio Albarran, Patrick Divver, Christopher J. LaRose, Todd Lyons, Markwayne Mullin re 10 Notice (Other) (Metzger, Jacob)(gsw) (Entered: 09/02/2026)

#12

Sep 16, 2026

Mail Returned as Undeliverable re 8 Order, 9 Clerk's Judgment, 7 Minute Order (No Time). Mail sent to Angel Williams Bonilla Bonilla. (gsw) (Entered: 09/17/2026)