Opinion

Zhang

Court
District Court, S.D. California
Filed
Jul 2, 2026
Cited by
0 cases
Authority
More cited than 41.5%

The opinion

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8 UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA

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11 JUNYA ZHANG, Case No.: 3:26-cv-3331-CAB-MSB

12 Petitioner,

ORDER DISMISSING PETITION

13 v. FOR A WRIT OF HABEAS CORPUS

14 U.S. IMMIGRATION AND CUSTOMS

ENFORCEMENT, et al.,

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Respondents.

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Petitioner Junya Zhang, an immigration detainee proceeding pro se, has filed a

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second petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. [Doc. No. 1

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(“Petition”).] Petitioner was detained on November 9, 2025.

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In response to the first habeas petition, this Court ordered Respondents to provide

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Petitioner a bond hearing under 8 U.S.C. § 1226. [See Case No. 3:26-cv-468-CAB-MSB.]

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Petitioner received a bond hearing on February 12, 2026; the immigration judge (“IJ”)

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denied bond. [Doc. No. 5.] Petitioner’s removal proceedings remain ongoing. Petitioner

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received a merits hearing on June 8, 2026; the IJ denied all relief and ordered Petitioner

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removed to China. [Doc. No. 5 at 2.] Petitioner has until July 8, 2026 to appeal the IJ’s

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removal decision to the Board of Immigration Appeals (“BIA”). [Id.]

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1 The Court DISMISSES the Petition because pursuing habeas review of an IJ’s

2 adverse bond determination before appealing to the BIA is an improper shortcut. Leonardo

3 || v. Crawford, 646 F.3d 1157, 1160 (9th Cir. 2011). Only once Petitioner has exhausted his

4 ||administrative remedies by appealing to and receiving a decision from the BIA may he

5 || seek relief of that bond determination via a habeas petition to this Court. Jd.

6 The Clerk of the Court shall close the case.

7 It is SO ORDERED.

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9 Dated: July 2, 2026 é

10 Hon. Cathy Ann Bencivengo

11 United States District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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