Opinion

Opinion

Court
District Court, E.D. California
Filed
Jul 2, 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 LEONARD YUSEPH BALZA No. 1:26-cv-04757-DAD-JDP (HC)

CORONEL,

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Petitioner,

13 ORDER DENYING PETITIONER’S

v. PETITION FOR WRIT OF HABEAS CORPUS

14 AND DENYING PETITIONER’S PENDING

WARDEN, CALIFORNIA CITY MOTIONS AS MOOT

15 DETENTION CENTER,

(Doc. Nos. 1, 2)

16 Respondent.

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18 On June 22, 2026, petitioner filed a combined petition for writ of habeas corpus pursuant

19 to 28 U.S.C. § 2241 challenging his detention by United States Immigration and Customs

20 Enforcement (“ICE”) and motion for temporary restraining order seeking his immediate release

21 from custody. (Doc. No. 1.) On June 25, 2026, the court set a briefing schedule as to petitioner’s

22 motion for a temporary restraining order and directed respondent to address whether any

23 provision of law or fact in this case would distinguish it from the circumstances addressed in

24 several cited prior cases that this court has decided. (Doc. No. 5.)

25 On June 25, 2026, respondent filed an answer to the petition arguing that petitioner is

26 subject to mandatory detention pursuant to 8 U.S.C. § 1231(a)(2), which mandates detention for

27 ninety (90) days following the entry of a final removal order. (Doc. No. 6.) Respondent contends

28 that petitioner was ordered removed by an immigration judge (“IJ”) on April 21, 2026, he had

1 until May 21, 2026 to appeal the IJ’s order, and petitioner failed to perfect his appeal within that

2 period of time. (Id. at 3; 6-3 at 2; 6-4 at 1–3.) An order of removal becomes administratively

3 final thereby triggering the 90-day mandatory detention period when a noncitizen fails to appeal

4 an IJ’s removal order within the time allotted to do so. Barrientos Vasquez v. Warden, No. 1:26-

5 cv-03190-DAD-CKD (HC), 2026 WL 1693818, at *2 (E.D. Cal. June 11, 2026) (concluding that

6 the 90-day mandatory detention period began on the day after the deadline to appeal the IJ’s

7 removal order expired without an appeal being lodged with the Board of Immigration Appeals);

8 Gomez v. ICE Field Off. Dir., No. 2:25-cv-02242-TL-TLF, 2026 WL 449536, at *6 (W.D. Wash.

9 Jan. 27, 2026) (“To the extent petitioner did not appeal the IJ’s order of removal to the BIA by the

10 December 31, 2025, deadline and his removal order became final on that date, he is within the 90-

11 day mandatory detention window of § 1231(a)(2).”), report and recommendation adopted sub

12 nom. Osuna Gomez v. ICE Field Off. Dir. & Facility Adm’r, No. 2:25-cv-02242-TL-TLF, 2026

13 WL 447409 (W.D. Wash. Feb. 17, 2026). Accordingly, petitioner’s removal order became final

14 on May 22, 2026 and he is currently subject to the 90-day mandatory detention period.

15 Respondent states that it does not request a hearing and argues that the court should deny

16 the pending petition for writ of habeas corpus. (Doc. No. 6 at 2.) Accordingly, the court will

17 reach the merits of the underlying petition and will deny petitioner’s petition for writ of habeas

18 corpus without prejudice to its refiling in the event that the mandatory detention period lapses and

19 petitioner remains in custody past that date.

20 For the reasons above,

21 1. Petitioner’s petition for writ of habeas corpus and motion for temporary

22 restraining order (Doc. No. 1) are DENIED as follows:

23 a. Petitioner’s petition for writ of habeas corpus is DENIED without

24 prejudice to its refiling following the lapse of the ninety-day mandatory

25 detention period set by 8 U.S.C. § 1231(a)(2);

26 b. Petitioner’s motion for temporary restraining order is DENIED as having

27 been rendered moot by this order;

28 /////

1 2. Petitioner’s motion to proceed in forma pauperis (Doc. No. 2) is DENIED; and

2 3. The Clerk of the Court is directed to enter judgment in favor of respondent and to

3 close this case.

4 IT IS SO ORDERED.

° Dated: _ July 1, 2026 Da A. 2, Arye

6 DALE A. DROZD

4 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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