Opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 ELWOOD ULAM BROWN, No. 1:26-cv-03803-DJC-JDP

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Petitioner,

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v. ORDER

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WARDEN, GOLDEN STATE ANNEX A# 221-245-409

15 DETENTION FACILITY,

16 Respondents.

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Petitioner Elwood Ulam Brown is an immigration detainee proceeding with a

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Petition for Writ of Habeas Corpus (ECF No. 1) and Motion for Temporary Restraining

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Order (ECF No. 3). The Court has previously addressed the legal issues raised in the

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Petition. See Morillo v. Albarran, No. 1:25-cv-01533-DJC-AC, 2025 WL 3190899 (E.D.

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Cal. Nov. 15, 2025); see also E.L.D.M. v. Becerra, No. 1:25-cv-01906-DJC-JDP, 2025

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WL 3707140 (E.D. Cal. Dec. 22, 2025).1

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The Court informed the parties that it intended to rule directly on the petition

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and ordered Respondents to show cause as to whether there are any factual or legal

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issues in this case that distinguish it from the Court’s prior orders. (ECF No. 6.)

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1 The Court initially cited cases concerning the re-detention of individuals previously released from

28 custody. Subsequent information makes clear that this Petition is similar to the cases cited here.

1 | Neither party objected to the Court ruling directly on the merits of the petition.

2 | Respondents agree that Petitioner is detained under 1226(a) and is thus entitled to a

3 | bond hearing. (ECF No. 10 at 3.) They also note that Petitioner was scheduled for a

4 | bond hearing but that this hearing was cancelled when Petitioner was transferred.

5 | (ld.) Anew bond hearing was not scheduled, despite the fact that Petitioner has made

6 | clear his desire for a bond hearing. (/d. at 2.) Respondents argue that the Court

7 | should enforce an exhaustion requirement. But given that Petitioner was previously

8 | scheduled for a bond hearing that was cancelled only due to the Government's

9 | decision to transfer him, it is unclear what imposing such a requirement would

10 | accomplish.

11 Accordingly, as Petitioner appears entitled to relief, IT IS HEREBY ORDERED

12 | that the Petition for Writ of Habeas Corpus (ECF No. 1) is GRANTED for the reasons

13 | stated in the Court's prior orders.

14 Within fourteen (14) days of this Order, Respondents shall afford Petitioner

15 | Elwood Ulam Brown a bond hearing before a neutral arbiter pursuant to section

16 | 1226(a) and its implementing regulations, at which Petitioner's eligibility for bond

17 | must be considered. If Petitioner is not provided a bond hearing in this time,

18 | Respondents are ordered to immediately release Petitioner from their custody.

19 Respondents shall file a status report within five (5) days of Petitioner's bond

20 | hearing, confirming a bond hearing was conducted.

21 The Clerk of the Court is directed to close this case and enter judgment for

22 | Petitioner. This Order resolves all pending motions.

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IT IS SO ORDERED.

25 | Dated: _May 29, 2026 Donel J Ch brett

Hon. Daniel alabretta

26 UNITED STATES DISTRICT JUDGE

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