Opinion

Larose

Court
District Court, S.D. California
Filed
Aug 5, 2026
Cited by
0 cases

The opinion

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8 UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA

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11 ALEIXI RODRIGUEZ ESTEVEZ, Case No.: 3:26-cv-1038-CAB-SBC

12 Petitioner,

ORDER DENYING MOTION FOR

13 v. CUSTODY REVIEW

14 CHRISTOPHER J. LAROSE,

[Doc. No. 12]

15 Respondent.

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17 In response to his petition for a writ of habeas corpus, the Court ordered that

18 Petitioner receive a bond hearing due to his prolonged detention. [Doc. No. 5.] Petitioner

19 received a bond hearing on April 20, 2026; the immigration judge (“IJ”) denied bond due

20 to a risk of flight and Petitioner reserved appeal with the Board of Immigration Appeals

21 (“BIA”). [Doc. No. 10.]

22 Petitioner has now moved the Court for an updated custody determination because

23 while he did not have a sponsor and release plan at the time of his bond hearing, he now

24 does. [Doc. No. 12.] As the Ninth Circuit has explained, “[Petitioner] pursued habeas

25 review of the IJ’s adverse bond determination before appealing to the BIA. This short cut

26 was improper. [Petitioner] should have exhausted administrative remedies by appealing to

27 the BIA before asking the federal district court to review the IJ’s decision.” Leonardo v.

28 Crawford, 646 F.3d 1157, 1160 (9th Cir. 2011).

1 The Court therefore DENIES Petitioner’s motion for an updated custody

2 || determination.

3 Itis SO ORDERED.

4 || Dated: August 5, 2026 (Kyge—

5 Hon. Cathy Ann Bencivengo

6 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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