Opinion

Polanco-Garcia

Court
District Court, S.D. California
Filed
Jul 21, 2026
Cited by
0 cases
Authority
More cited than 44.1%

The opinion

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8 UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA

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11 JOSUE JONATHAN POLANCO-GARCIA, Case No.: 3:26-cv-03662-RBM-AHG

12 Petitioner,

ORDER GRANTING PETITION

13 v. FOR WRIT OF HABEAS CORPUS

14 JEREMY CASEY, Warden, et al.,

[Doc. 10]

15 Respondents.

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18 Before the Court is Petitioner Josue Jonathan Polanco-Garcia’s (“Petitioner”)

19 Amended Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2241

20 challenging the lawfulness of his detention by United States Immigration and Customs

21 Enforcement. (Doc. 10.) For the reasons below, the Court GRANTS the Petition.

22 I. BACKGROUND

23 Petitioner is a citizen of Honduras who fled his home country to seek asylum in the

24 United States. (Doc. 10 at 2.) He entered the United States on December 7, 2023, was

25 immediately arrested, and four days later was “released from immigration custody on

26 conditional parole.” (Id.; Doc. 11 at 1.) While on parole, Petitioner attended all required

27 immigration check-ins, and had an immigration hearing set for November 27, 2027.

28 (Doc. 10 at 2.) On January 26, 2026, Petitioner was arrested in Florida while he was riding

1 his bicycle. (Id. at 3.) Petitioner was transferred from the county jail into ICE custody,

2 and then transferred to Imperial Regional Detention Facility, where he remains today. (Id.)

3 On June 11, 2026, an immigration judge ordered Petitioner removed. (Id.) Petitioner

4 appealed that order of removal to the Board of Immigration Appeals, and that appeal is

5 pending. (Id.)

6 On June 22, 2026, Petitioner, then proceeding pro se, filed his original petition.

7 (Doc. 1.) The Court appointed Federal Defenders of San Diego, Inc. as counsel and set a

8 briefing schedule. (Doc. 4.) Petitioner, now represented, filed his Petition on July 14,

9 2026. (Doc. 10.) Respondents filed their Response to Petition on July 21, 2026. (Doc. 11.)

10 Petitioner filed his Traverse later that same day. (Doc. 12.)

11 II. LEGAL STANDARD

12 A writ of habeas corpus is “available to every individual detained within the United

13 States.” Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004) (citing U.S. Const., Art. I, § 9, cl. 2).

14 “The essence of habeas corpus is an attack by a person in custody upon the legality of that

15 custody, and . . . the traditional function of the writ is to secure release from illegal

16 custody.” Preiser v. Rodriguez, 411 U.S. 475, 484 (1973). “Writs of habeas corpus may

17 be granted by the Supreme Court, any justice thereof, the district courts and any circuit

18 judge within their respective jurisdictions.” 28 U.S.C. § 2241(a). The petitioner bears the

19 burden of demonstrating that “[h]e is in custody in violation of the Constitution or laws or

20 treaties of the United States.” Id. § 2241(c)(3).

21 III. DISCUSSION

22 Petitioner argues that his detention violates the Administrative Procedure Act and

23 the Fifth Amendment’s Due Process Clause. (Doc. 10 at 3–7.) Respondents argue that

24 Petitioner is subject to mandatory detention under § 1225(b), but “acknowledge[ ] that this

25 Court’s prior decisions will control the result here . . . , as the facts are not materially

26 distinguishable . . . , and on that basis [do] not oppose the petition and defer[ ] to the Court

27 on the appropriate relief.” (Doc. 11 at 1–2.)

28 The Court has granted petitions filed by similarly-situated petitioners. See, e.g.,

1 Silvestre-Mendoza v. Noem, Case No.: 3:25-cv-03206-RBM-DDL, 2025 WL 3512410, at

2 *1–2 (S.D. Cal. Dec. 8, 2025). In that decision, the Court found that “‘a proper

3 understanding of the relevant statutes, in light of their plain text, overall structure, and . . .

4 case law interpreting them, compels the conclusion that § 1225’s provisions for mandatory

5 detention of noncitizens seeking admission [do] not apply to someone like [the petitioner],’

6 who has been residing in the United States” for several years. Id. at *1 (quoting Lopez

7 Benitez v. Francis, 795 F. Supp. 3d 475, 484 (S.D.N.Y. 2025)). The Court incorporates its

8 reasoning in Silvestre-Mendoza, and makes the same findings, here.

9 There is no dispute that Petitioner was detained after having resided in the United

10 States for several years after being released from immigration custody on conditional

11 parole. (Doc. 10 at 2–3.) Therefore, the discretionary detention procedures of § 1226

12 govern Petitioner’s detention, and the Petition must be granted. The Court also finds that

13 immediate release, rather than a bond hearing, is the appropriate remedy. See E.A. T.-B. v.

14 Wamsley, 795 F. Supp. 3d 1316, 1324 (W.D. Wash. 2025) (“Although the Government

15 notes that Petitioner may request a bond hearing while detained, such a post-deprivation

16 hearing cannot serve as an adequate procedural safeguard because it is after the fact and

17 cannot prevent an erroneous deprivation of liberty.”); Jorge M.F. v. Jennings, 534 F. Supp.

18 3d 1050, 1055 (N.D. Cal. 2021) (“if Petitioner is detained, he will already have suffered

19 the injury he is now seeking to avoid”); Domingo v. Kaiser, Case No. 25-cv-05893 (RFL),

20 2025 WL 1940179, at *3 (N.D. Cal. July 14, 2025) (“Even if Petitioner[] received a prompt

21 post-detention bond hearing under 8 U.S.C. § 1226(a) and was released at that point, he

22 will have already suffered the harm that is the subject of his motion; that is, his potentially

23 erroneous detention.”).

24 IV. CONCLUSION

25 For the foregoing reasons, the Petition is GRANTED. Accordingly:

26 1. Respondents are ORDERED to immediately release Petitioner from custody,

27 subject to the conditions of his preexisting parole.

28 2. The Court ORDERS, prior to any re-detention of Petitioner, that Petitioner shall

l receive a hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a) to

2 determine whether detention is warranted.

3 IT IS SO ORDERED.

4 ||DATE: July 21, 2026

eet Barrie, MottaryyesD

6 ON. RUTH BERM@DEZ! MONTENEGRO

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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