The opinion
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10 UNITED STATES DISTRICT COURT
11 SOUTHERN DISTRICT OF CALIFORNIA
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13 CRISTOFER ALAN DELGADO Case No.: 3:26-cv-3497-CAB-JAC
VALENCIA,
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ORDER DISMISSING PETITION
Petitioner,
15 FOR A WRIT OF HABEAS CORPUS
v.
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CHRISTOPHER J. LAROSE, et al.,
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Respondents.
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20 Petitioner Cristofer Alan Delgado Valencia, an immigration detainee proceeding pro
21 se, has filed a second petition for a writ of habeas corpus. [Doc. No. 1 (“Petition”).]
22 Petitioner is a Mexican national who was detained at the border when he sought admission
23 into the United States by presenting a counterfeit U.S. Passport Card at the San Ysidro Port
24 of Entry on August 29, 2025. He was placed into removal proceedings and ordered
25 removed. While in detention, he has received two bond hearings and been denied bond
26 both times. (November 7, 2025 and December 30, 2025).
27 Petitioner filed his first habeas petition in February 2026, which the Court denied
28 after an analysis of the Banda factors. [Case No. 3:26-cv-1190-CAB-DDL.] Petitioner
1 now filed the instant, second Petition, following an order of removal from the IJ.
2 Petitioner states that he plans to appeal the order of removal to the Board of Immigration
3 || Appeals (“BIA”).
4 The Court DISMISSES the Petition because Petitioner has not exhausted his
5 administrative remedies with respect to the IJ’s adverse bond determination. See Leonardo
6 || v. Crawford, 646 F.3d 1157, 1160 (9th Cir. 2011) (pursuing habeas relief before exhausting
7 |}administrative remedies at BIA is an improper shortcut). Only once Petitioner has
8 ||exhausted his administrative remedies by appealing to and receiving a decision from the
9 || BIA regarding the IJ’s adverse bond determination may he seek relief from that bond
10 || determination via a habeas petition to this Court. /d.
11 The Clerk of the Court shall close the case.
12 Itis SO ORDERED.
13 Dated: June 22, 2026 yb
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Hon. Cathy Ann Bencivengo
15 United States District Judge
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