Opinion

Albarran

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

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 BEATRIZ ORGANIZ PINEDA, No. 1:26-cv-02406-JLT-FJS

12 Petitioner, A-Number: 200-155-885

13 v. ORDER REQUIRING SUPPLEMENTAL

BRIEFING REGARDING AN AUTOMATIC

14 SERGIO ALBARRAN, et al., STAY PURSUANT TO 8 C.F.R. §

1003.19(i)(2)

15 Respondents.

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17 Beatriz Organiz Pineda is an immigration detainee proceeding with a petition for writ of

18 habeas corpus pursuant to 28 U.S.C. § 2241. On June 25, 2026, Petitioner filed a motion for a

19 temporary restraining order, informing the Court that on June 10, 2026, an Immigration Judge

20 had granted Petitioner’s withholding of removal and ordered her released. (Doc. 10 at 2; Doc. 10-

21 2, Order of the Immigration Judge.) Despite the IJ ordering her release, Petitioner contends that

22 Respondents continue to detain her and that emergency relief in the form of immediate release is

23 necessary to prevent ongoing irreparable injury. (Doc. 10 at 2.)

24 On June 30, 2026, the Court issued a Minute Order ordering Respondents to articulate any

25 grounds for continuing to detain Petitioner. (Doc. 11.) On July 8, 2026, Respondents responded to

26 the Minute Order, asserting only that Petitioner is subject mandatory detention under 8 U.S.C. §

27 1225(b)(2) because “the Department of Homeland Security (“DHS”) reserved appeal from the

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1 Immigration Judge’s June 10, 2026 decision.” (Doc. 12 at 1.) However, Respondents provide no

2 statutory basis for this proposition. It appears that Respondents may be invoking DHS’ right to

3 automatically stay an IJ’s bond decision pending review by the Board of Immigration Appeals

4 (“BIA”). See 8 C.F.R. § 1003.19(i)(2) (“In any case in which DHS has determined that an alien

5 should not be released or has set a bond of $10,000 or more, any order of the immigration judge

6 authorizing release (on bond or otherwise) shall be stayed upon DHS's filing of a notice of intent

7 to appeal the custody redetermination”).

8 The Court finds the following excerpt from Herrera v. Knight, 798 F. Supp. 3d 1184 (D.

9 Nev. 2025) instructive as to DHS’ procedural obligations when invoking the automatic stay

10 provision at 8 C.F.R. § 1003.19(i)(2):

11 In 2006, the [Executive Officer of Immigration Review] EOIR

promulgated the final and current rule, which added the requirement

12 that any decision to invoke the automatic stay must be made by the

Secretary of DHS, who must certify that sufficient factual and legal

13 bases exist to justify continued detention (“the Certification

Requirement”), which was added “to allay possible concerns that in

14 some case the automatic stay might be invoked ... without an

adequate factual or legal basis.” See Executive Office for

15 Immigration Review, Review of Custody Determination, 71 Fed. Reg.

57873, 57876 (Oct. 2, 2006); 8 C.F.R. § 1003.6(c). The Rule also

16 imposed some limitations by providing that the automatic stay will

lapse 90 days after filing the bond appeal if the BIA has not acted,

17 unless DHS seeks a discretionary stay pursuant [to] 8 C.F.R. §

1003.19(i)(1), which requires approval from the BIA. See 8 C.F.R. §

18 1003.6(c)(4). The regulation also sets forth a procedure by which

DHS may request an emergency stay of an IJ’s custody

19 determination from the BIA, which initiates expedited preliminary

review by the BIA to determine whether a stay is warranted based on

20 the individual circumstances of the detainee and the merits of DHS's

appeal. See 8 C.F.R. § 1003.19(i)(1).

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22 Herrera, 798 F. Supp. 3d 1184, at 1192. Thus, the Court ORDERS:

23 1. Thus, within seven days of the date of this order, Respondents SHALL file a

24 brief detaining their authority to invoke the automatic stay provision at 8 C.F.R. §

25 1003.19(i)(2) and provide the Court with evidence of Respondents attempts to

26 abide by any of the aforementioned procedures in continuing Petitioner’s

27 detention.

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1 2. Within seven days of Respondents filing, Petitioner may file a response.

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3 | IT IS SO ORDERED.

‘ Dated: _July 24, 2026 Cerin | Torr

5 TED 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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