The opinion
1 UNITED STATES DISTRICT COURT
2 SOUTHERN DISTRICT OF CALIFORNIA
3 Warley BATISTA SILVA, Case No.: 25-cv-3158-AGS-BLM
4 Petitioner, ORDER REQUIRING RESPONSE
5 v.
6 Gregory John ARCHAMBEAULT, et al.,
7 Respondents.
8
9 Petitioner Warley Batista Silva seeks a writ of habeas corpus under 28 U.S.C. § 2241
10 challenging his immigration detention. At this stage, he need only make out a claim that is
11 sufficiently cognizable to warrant a response. See Rules Governing Section 2254 Cases in
12 the United States District Courts, Rule 4 (authorizing summary dismissal “if it plainly
13 appears from the petition and any attached exhibits that the petitioner is not entitled to
14 relief”); id., Rule 1(b) (permitting use of those Rules to any “habeas corpus petition”). In
15 this context, the relevant federal rules permit “summary dismissal of claims that are clearly
16 not cognizable.” Neiss v. Bludworth, 114 F.4th 1038, 1045 (9th Cir. 2024) (cleaned up).
17 But “as long as a petition has any potential merit, it is not so frivolous or incredible as to
18 justify summary dismissal[.]” Id.
19 Batista Silva alleges that he’s been in immigration custody since “September 8,
20 2025.” (ECF 1, at 2.) He claims to be subject to mandatory detention and “categorically
21 ineligible for a bond hearing under” 8 U.S.C. § 1225(b), and he has thus been denied bond
22 during the pendency of removal proceedings. (ECF 1, at 3, 10.) This is because a Board of
23 Immigration Appeals’ opinion in “Matter of Yajure Hurtado” held that “noncitizens who
24 entered without inspection and were later apprehended in the interior are categorically
25 ineligible for bond hearings.” (ECF 1, at 14.) Petitioner charges that Yajure Hurtado and
26 its resulting decisions “contradict the plain language of the [§ 1225(b) and § 1226] by
27 expanding the scope of ‘arriving aliens’ beyond the clear meaning of the law.” (Id. at 21.)
28 “The decision’s interpretation effectively erases the distinction between individuals
1 || apprehended at the border and those who have already entered the United States, which is
2 critical distinction in the Immigration and Nationality Act.” (/d.) “By doing so, it subjects
3 ||a broader category of individuals to mandatory detention under [§ 1225(b)], despite the
4 || fact that they would otherwise be eligible for a bond hearing under [§ 1226].” Ud.)
5 This challenge has sufficient potential merit to warrant a response. Functionally
6 identical cases across the country have been found to have a “likelihood of success on the
7 || merits” or have resulted in the writ being issued. See, e.g., Mosqueda v. Noem, No. 5:25-
8 || cv-02304 CAS (BFM), 2025 WL 2591530, at *5 (C.D. Cal. Sept. 8, 2025) (“[T]he Court
9 || concludes that petitioners are likely to succeed on the merits of their claims because section
10 || 1226(a), not section 1225(b)(2), likely governs their detention.”); Vazquez v. Feeley, No.
11 2:25-cv-01542-RFB-EJY, 2025 WL 2676082, at *11 (D. Nev. Sept. 17, 2025) (same);
12 ||see also Rodriguez vy. Bostock, No. 3:25-cv-05240-TMC, 2025 WL 2782499, at *1
13 ||(W.D. Wash. Sept. 30, 2025) (“Every district court to address this question has concluded
14 || that the government’s position belies the statutory text of the INA, canons of statutory
15 |/interpretation, legislative history, and longstanding agency practice.”); Quispe v.
16 || Crawford, No. 1:25-cv-1471-AJT-LRV, 2025 WL 2783799, at *6 (E.D. Va. Sept. 29,
17 2025) (“Petitioner’s detention is governed by § 1226(a)’s discretionary framework, not
18 |} § 1225(b)’s mandatory detention procedures, as at least thirty federal district courts around
19 || the country, including two in this Circuit, have concluded when faced with habeas petitions
20 || from comparably situated petitioners.”’).
21 By December 3, 2025, respondent must answer the petition. Any reply by petitioner
22 be filed by December 17, 2025. The Court will hold oral arguments on the petition
23 December 23, 2025, at 1:00 p.m.
24 || Dated: November 17, 2025
Hon. rew G. Schopler
United States District Judge
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