Opinion

Chestnut

Court
District Court, E.D. California
Filed
Mar 24, 2026
Cited by
0 cases

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 SALVADOR EDGAR MEDRANO No. 1:26-cv-02181-DAD-CSK

MARQUEZ,

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Petitioner,

13 ORDER GRANTING PETITION FOR WRIT

v. OF HABEAS CORPUS AND DENYING

14 MOTION FOR TEMPORARY

CHRISTOPHER CHESTNUT et al., RESTRAINING ORDER AS MOOT

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Respondents. (Doc. Nos. 1, 2)

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18 On March 19, 2026, petitioner, proceeding with the assistance of counsel, filed a petition

19 for writ of habeas corpus and motion for temporary restraining order. (Doc. Nos. 1, 2.) On the

20 same day, the court issued an order directing respondents to file an opposition to the pending

21 motion in which respondents indicate whether this case is substantively distinguishable from the

22 court’s prior order in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL

23 3251083 (E.D. Cal. Nov. 21, 2025). (Doc. No. 4.) On March 20, 2026, respondents filed an

24 opposition to the pending motion. (Doc. No. 7.)

25 Respondents’ argument advanced in their opposition is two-fold: (1) petitioner is lawfully

26 detained under 8 U.S.C. § 1225(b)(2); and (2) alternatively, if the court rejects this argument, then

27 the proper remedy is an individualized bond hearing before an immigration judge pursuant to

28 § 1226(a). (Id. at 1, 4.) Respondents have argued that this case is distinguishable from Ayala

1 Cajina because petitioner repeatedly violated the terms of his release with respect to reporting

2 and was never assured by DHS that he was entitled to less restrictive monitoring measures. (Id. at

3 3.) On March 23, 2026, petitioner filed a reply to respondents’ opposition. (Doc. No. 8.)

4 Therein, he urges the court to promptly order a bond hearing before an immigration judge where

5 respondents will bear the burden of justifying his continued detention. (Id. at 8.) Both parties

6 have indicated that they are amenable to the court resolving the underlying merits of the petition

7 for writ of habeas corpus based on the briefing currently before the court. (Doc. Nos. 7 at 5; 8 at

8 9.)

9 Petitioner is a native and citizen of El Salvador. (Doc. No. 1 at ¶ 2.) He entered the

10 United States in 2003 without inspection or admission. (Doc. No. 7-1 at 2.) In 2013, petitioner

11 was detained by immigration officials for approximately 15 days after being arrested for driving

12 under the influence. (Id.; Doc. No. 1 at ¶ 36.) He was subsequently released into the United

13 States with an ankle monitor and enrolled in the Intensive Supervision Appearance Program

14 (“ISAP”). (Id.at ¶ 37.) Petitioner was previously ordered removed, but the immigration judge’s

15 decision remains pending before the Board of Immigration Appeals. (Doc. No. 7-1 at 5.) On

16 August 23, 2025, petitioner was re-detained by Immigration and Customs Enforcement officials.

17 (Id. at 3.) Respondents argue that petitioner was re-detained for missing multiple mandatory

18 check-ins. (Doc. No. 7 at 2.) Petitioner contends that he has always been fully compliant with

19 the terms supervision and stopped receiving dates to check-in with ISAP officials from May to

20 August 2025. (Doc. No. 1-2 at 20.) There is no indication that petitioner was provided advanced

21 notice of his re-detention.

22 Having considered the circumstances surrounding petitioner’s detention and the parties’

23 arguments therein, the court adopts the reasoning in O.A.C.S. v. Wofford, No. 1:25-cv-01652-

24 DAD-CSK (HC), 2025 WL 3485221, at *3–5 (E.D. Cal. Dec. 4, 2025), where the court held that

25 respondents’ re-detention of the petitioner for purported ISAP violations under similar

26 circumstances violated due process but the appropriate remedy was a bond hearing before an

27 immigration judge.

28 /////

] Accordingly,

2 1. Petitioner’s petition for writ of habeas corpus (Doc. No. 1) is GRANTED as

3 follows:

4 a. Respondents are ORDERED to provide petitioner with a bond hearing

5 before an immigration judge pursuant to 8 U.S.C. § 1226(a) where

6 respondents will have the burden of establishing, by clear and convincing

7 evidence, that petitioner’s continued detention is justified because

8 petitioner is either a flight risk or danger to the community and to do so

9 within ten (10) days of the service of this order.

10 2. Petitioner’s motion for temporary restraining order (Doc. No. 2) is denied as

11 having been rendered moot by this order; and

12 3. The Clerk of the Court is directed to ENTER judgment in favor of petitioner and

13 CLOSE this case.

14 IT IS SO ORDERED.

'° | Dated: _March 24, 2026 Da A. 2, aye

16 DALE A. DROZD

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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