Abdullo Idiev v. Warden of the Golden State Annex Detention Facility, et al.

• Court: District Court, E.D. California
• Decided: November 5, 2025
• Docket: 1:25-cv-01030
• Status: Unknown

Opinion

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9

10 11 ABDULLO IDIEV, ) Case No.: 1:25-cv-01030-SKO (HC) ) 12 Petitioner, ) ORDER DENYING RESPONDENT’S MOTION ) TO DISMISS, GRANTING THE PETITION FOR 13 ) WRIT OF HABEAS CORPUS, AND DIRECTING ) RESPONDENT TO PROVIDE PETITIONER 14 v. ) WITH A BOND HEARING BEFORE AN 15 ) IMMIGRATION JUDGE WITHIN 30 DAYS ) 16 WARDEN OF THE GOLDEN STATE ) ORDER DIRECTING CLERK OF COURT TO ANNEX DETENTION FACILITY, et al., ) ENTER JUDGMENT, TERMINATE 17 ) Respondents. ) OUTSTANDING MOTIONS AND CLOSE CASE 18 ) 19 20 Petitioner is an immigration detainee proceeding pro se with a petition for writ of habeas 21 corpus pursuant to 28 U.S.C. § 2241. All parties having consented to the jurisdiction of the Magistrate 22 Judge, on August 26, 2025, the case was assigned to the undersigned for all purposes, including trial 23 and entry of final judgment. (Doc. 12.) 24 Petitioner filed the instant petition on August 15, 2025. (Doc. 1.) On September 17, 2025, 25 Respondent filed a motion to dismiss the petition. (Doc. 13.) Petitioner did not file an opposition, and 26 filed two notices of supplemental documentation on September 30, 2025, and October 27, 2025. 27 (Docs. 14, 15.) 28 1 Petitioner challenges his continued detention by the Bureau of Immigration and Customs 2 Enforcement (“ICE”). He claims his prolonged detention without a bond hearing violates his 3 procedural due process rights under the Fifth Amendment. He claims he should be immediately 4 released, or alternatively, provided a bond hearing before an immigration judge (“IJ”) at which the 5 Government must justify his continued detention by clear and convincing evidence. 6 For the reasons discussed below, the Court will deny Respondent’s motion to dismiss, grant the 7 petition, and direct Respondent to provide Petitioner with a bond hearing before an IJ. 8 I. BACKGROUND 9 Petitioner is a native and citizen of Uzbekistan. (Doc. 13-1 at 6.) He entered the United States 10 on April 16, 2024, and applied for admission at the San Ysidro, California port of entry. (Doc. 13-1 at 11 6.) The immigration officer determined he was ineligible for entry pursuant to Immigration and 12 Nationality Act (“INA”) § 212(a)(7)(A)(i)(I) and placed into expedited removal proceedings. He is 13 subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(1). (Doc. 13-1 at 2.) 14 Petitioner claimed a fear of persecution should he be returned to Uzbekistan and was referred 15 to an asylum officer for interview. (Doc. 13-1 at 2.) The asylum officer found Petitioner had a 16 credible fear of persecution or torture and placed Petitioner in removal proceedings on May 10, 2024. 17 (Doc. 13-1 at 2.) 18 On June 17, 2024, Petitioner requested release on parole but failed to provide supporting 19 documents. (Doc. 13-1 at 2.) On July 25, 2024, Petitioner again requested release on parole and 20 supplied supporting documentation. (Doc. 13-1 at 2.) The Department of Homeland Security (“DHS”) 21 denied the request finding Petitioner failed to show he was not a danger to the community or U.S. 22 security. (Doc. 13-1 at 3.) 23 On October 18, 2024, Petitioner again requested release on parole. (Doc. 13-1 at 3.) DHS 24 denied the request because Petitioner failed to provide any new evidence. (Doc. 13-1 at 3.) On 25 December 19, 2024, Petitioner filed a fourth request for parole. (Doc. 13-1 at 3.) DHS again denied the 26 request finding no new evidence. (Doc. 13-1 at 3.) On May 27, 2025, Petitioner requested parole a 27 fifth time. (Doc. 13-1 at 3.) He withdrew his request because he did not have any new information. 28 (Doc. 13-1 at 3.) 1 Petitioner has been in removal proceedings since April 16, 2024. (Doc. 13-1 at 2.) Removal 2 proceedings have been ongoing, and Petitioner has requested several continuances. On June 27, 2024, 3 the Immigration Judge (“IJ”) granted Petitioner’s June 26, 2024, request to reschedule until late July 4 2024 for attorney preparation. (Doc. 13-1 a 3.) At the August 1, 2024, hearing, the IJ granted 5 Petitioner additional time to prepare the case. (Doc. 13-1 at 3.) 6 On September 5, 2024, the IJ granted Petitioner’s request for a final hearing. (Doc. 13-1 at 3.) 7 The final hearing was set for November 5, 2024, but on October 17, 2024, Petitioner asked for another 8 continuance. (Doc. 13-1 at 3.) On October 24, 2024, the IJ granted the request. (Doc. 13-1 at 3.) 9 On January 23, 2025, Petitioner informed the IJ that he was ready to proceed on his 10 applications for relief. (Doc. 13-1 at 3.) The IJ set a merits hearing on his applications for relief for 11 March 12, 2025. (Doc. 13-1 at 3.) 12 Petitioner has presented evidence at four hearings held on March 12, May 9, June 30, and 13 August 26, 2025. (Doc. 13-1 at 3.) Petitioner’s next removal hearing was set for September 19, 2025, 14 to permit Petitioner to finish testifying and to call two expert witnesses. (Doc. 13-1 at 3.) Respondent 15 expects that DHS will set one more hearing to complete expert testimony. (Doc. 13-1 at 3.) As of the 16 date of this Order, Petitioner remains in detention. 17 II. DISCUSSION 18 A. Motion to Dismiss 19 Habeas corpus petitions are subject to summary dismissal pursuant to Rule 4 of the Rules 20 Governing Section 2254 Cases in the United States District Courts. The provisions of Rule 4, which 21 are applicable to § 2241 petitions under Rule 1(b), provide in pertinent part: “If it plainly appears from 22 the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the 23 judge must dismiss the petition and direct the clerk to notify the petitioner.” The Advisory Committee 24 Notes to Rule 8 indicate that the Court may dismiss a petition for writ of habeas corpus, either on its 25 own motion under Rule 4, pursuant to the respondent’s motion to dismiss, or after an answer to the 26 petition has been filed. 27 // 28 // 1 B. Jurisdiction 2 A district court may grant a writ of habeas corpus when the petitioner “is in custody in 3 violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241(c)(3). 4 “[D]istrict courts retain jurisdiction under 28 U.S.C. § 2241 to consider habeas challenges to 5 immigration detention that are sufficiently independent of the merits of [a] removal order.” Lopez- 6 Marroquin v. Barr, 955 F.3d 759, 759 (9th Cir. 2020) (citing Singh v. Holder, 638 F.3d 1196, 1211–12 7 (9th Cir. 2011)). Pertinent here, the Supreme Court specifically directed that federal courts have 8 jurisdiction to review a constitutional challenge to a non-citizen’s detention. See Demore v. Kim, 538 9 U.S. 510, 517 (2003). 10 C. Mandatory Detention under 8 U.S.C. § 1225(b)(1) 11 Petitioner states he has been in continuous detention since approximately April 16, 2024. He 12 contends the approximately 18-month period has become prolonged and indefinite, and he should be 13 given a bond hearing, or in the alternative, released from custody. 14 1. Statutory Background 15 A non-citizen who is present in the United States but has not been admitted is considered an 16 applicant for admission. 8 U.S.C.A. § 1225(a)(1). Such applicant is subject to expedited removal if 17 the applicant (1) is inadmissible because he or she lacks a valid entry document; (2) has not “been 18 physically present in the United States continuously for the 2-year period immediately prior to the date 19 of the determination of inadmissibility”; and (3) is among those whom the Secretary of Homeland 20 Security has designated for expedited removal. 8 U.S.C. §§ 1225(b)(1)(A)(i), (iii)(I)–(II). Once “an 21 immigration officer determines” that a designated applicant “is inadmissible,” “the officer [must] 22 order the alien removed from the United States without further hearing or review.” 8 U.S.C.A. § 23 1225(b)(1)(A)(i). Here, Petitioner was determined inadmissible and placed in expedited removal 24 proceedings. 25 If an applicant “indicates either an intention to apply for asylum” or “a fear of persecution,” the 26 immigration officer “shall refer the alien for an interview by an asylum officer.” 8 U.S.C.A. §§ 27 1225(b)(1)(A)(i)–(ii). The point of this screening interview is to determine whether the applicant has a 28 “credible fear of persecution.” § 1225(b)(1)(B)(v). If the asylum officer finds an applicant's asserted 1 fear to be credible, the applicant will receive “full consideration” of his asylum claim in a standard 2 removal hearing. 8 C.F.R. § 208.30(f); see 8 U.S.C. § 1225(b)(1)(B)(ii). If the asylum officer finds 3 that the applicant does not have a credible fear, a supervisor will review the asylum officer's 4 determination. 8 C.F.R. § 208.30(e)(8). If the supervisor agrees with it, the applicant may appeal to an 5 immigration judge, who can take further evidence and “shall make a de novo determination.” 8 6 U.S.C.A. §§ 1003.42(c), (d)(1); see 8 U.S.C. § 1225(b)(1)(B)(iii)(III). Here, Petitioner made a claim 7 for asylum during the screening interview. The immigration court has been holding evidentiary 8 hearings on the merits of Petitioner’s asylum claim. The most recent hearing was set for September 9 19, 2025. 10 Regardless of whether the applicant receives full or expedited review, he or she is not entitled 11 to immediate release. Dep't of Homeland Sec. v. Thuraissigiam, 591 U.S. 103, 111 (2020). They “shall 12 be detained pending a final determination of credible fear of persecution and, if found not to have such 13 a fear, until removed.” Id. (citing 8 U.S.C.A. § 1225(b)(1)(B)(iii)(IV)). Likewise, applicants who are 14 found to have a credible fear may also be detained pending further consideration of their asylum 15 applications. Id. (citing 8 U.S.C.A. § 1225(b)(1)(B)(ii)). In either case, the applicant must be detained 16 until the conclusion of those proceedings. Jennings v. Rodriguez, 583 U.S. 281, 297 (2018). However, 17 an applicant “may be temporarily released on parole ‘for urgent humanitarian reasons or significant 18 public benefit.’” Id. at 288 (quoting 8 U.S.C. § 1182(d)(5)(A) and citing 8 C.F.R §§ 212.5(b), 235.3 19 (2017)). Said parole request is considered by designated ICE Enforcement Removal Operations 20 (“ERO”) officers. 8 C.F.R. § 212.5(a). “Such parole, however, ‘shall not be regarded as an admission 21 of the alien.’” Jennings, 583 U.S. at 288 (quoting 8 U.S.C. § 1182(d)(5)(A)). 22 2. Due Process in Prolonged Immigration Detention 23 The parties acknowledge that Petitioner has been deemed inadmissible and is in removal 24 proceedings subject to mandatory detention pursuant to § 1225(b). Petitioner contends he has been 25 unreasonably detained for approximately 18 months without a bond hearing in violation of his due 26 process rights. He argues that due process requires he should be granted a bond hearing before an 27 immigration judge to determine whether he is a risk of flight or danger to the community. 28 1 The Fifth Amendment’s Due Process Clause provides that “[n]o person shall be ... deprived of 2 life, liberty, or property, without due process of law.” “It is well established that the Fifth Amendment 3 entitles aliens to due process of law in deportation proceedings,” Reno v. Flores, 507 U.S. 292, 306 4 (1993), and “[a] statute permitting indefinite detention of an alien would raise a serious constitutional 5 problem,” Zadvydas v. Davis, 533 U.S. 678, 690 (2001). The Supreme Court nevertheless has 6 recognized that “[d]etention during deportation proceedings is a constitutionally permissible part of 7 [the deportation] process.” Demore v. Kim, 538 U.S. 510, 531 (2003); see also Carlson v. Landon, 342 8 U.S. 524, 538 (1952) (“[d]etention is necessarily a part of this deportation procedure”). 9 In analyzing whether prolonged detention violates due process, many courts have looked to 10 Justice Kennedy’s concurrence in Demore, which stated that, “since the Due Process Clause prohibits 11 arbitrary deprivations of liberty, a lawful permanent resident alien such as respondent could be entitled 12 to an individualized determination as to his risk of flight and dangerousness if the continued detention 13 became unreasonable or unjustified.” Id. at 532 (Kennedy, J., concurring). 14 Several courts including the Third, Sixth, and Ninth Circuit, as well as numerous district courts 15 including this Court, have found that unreasonably long detention periods may violate the due process 16 clause. See, e.g., Rodriguez v. Marin (“Rodriguez IV”), 909 F.3d 252, 256 (9th Cir. 2018) (the Ninth 17 Circuit asserted “grave doubts that any statute that allows for arbitrary prolonged detention without 18 any process is constitutional....”); Diop v. ICE/Homeland Sec., 656 F.3d 221, 235 (3d Cir. 2011) 19 (detention of an alien for a period of nearly three years without further inquiry into whether it was 20 necessary to ensure his appearance at the removal proceedings or to prevent a risk of danger to the 21 community, was unreasonable, and, therefore, a violation of the Due Process Clause”); German Santos 22 v. Warden Pike, 965 F.3d 203 (3d Cir. 2020) (reversing and remanding to district court to order bond 23 hearing while detained under § 1226(c)); Maksim v. Warden, 1:25-cv-00955-SKO, 2025 WL 2879328 24 (E.D. Cal. Oct. 9, 2025) (ordering bond hearing for noncitizen detained under § 1225(b)(1) for 11 25 months); Diep v. Wofford, 1:24-cv-01238-SKO, 2025 WL 604744 (E.D. Cal Feb. 25, 2025) (ordering 26 bond hearing for noncitizen detained under 8 U.S.C. § 1226(c) for 13 months); A.E. v. Andrews, 1:25- 27 cv-00107-KES-SKO, 2025 WL 1424382 (E.D. Cal. May 16, 2025) (ordering bond hearing for 28 noncitizen detained under 8 U.S.C. § 1225(b) for 20 months). 1 The Ninth Circuit has also noted that many courts have applied the Mathews1 test in 2 considering due process challenges in the immigration context. Rodriguez Diaz v. Garland, 53 F.4th 3 1189, 1206 (9th Cir. 2022). However, the Supreme Court, when confronted with constitutional 4 challenges to immigration detention, has not resolved them through express application of Mathews. 5 See, e.g., Demore, 538 U.S. at 523, 526–29; see also Dusenbery v. United States, 534 U.S. 161, 168, 6 122 S.Ct. 694, 151 L.Ed.2d 597 (2002) (“[W]e have never viewed Mathews as announcing an all- 7 embracing test for deciding due process claims.”). Nevertheless, several district courts in the Ninth 8 Circuit including this Court have employed the Mathews test in the context of evaluating whether due 9 process entitles a petitioner to a bond hearing. See, e.g., Jensen v. Garland, 2023 WL 3246522, at *4 10 (C.D. Cal. 2023); Galdillo v. U.S. Dep't of Homeland Sec., 2021 WL 4839502, at *3 (C.D. Cal. 2021); 11 Jimenez v. Wolf, 2020 WL 510347, at *3 (N.D. Cal. 2020); Riego v. Scott, 2025 WL 660535 (E.D. 12 Cal. 2025). 13 The Ninth Circuit has also noted the common use of the Mathews test and has assumed, 14 without deciding, that it applies to due process claims in the immigration detention context. Rodriguez 15 Diaz v. Garland, 53 F.4th 1189, 1206-07 (9th Cir. 2022). Thus, the Court finds application of the 16 Mathews test in this case appropriate. 17 Under the Mathews test, the “identification of the specific dictates of due process generally 18 requires consideration of three distinct factors.” Mathews, 424 U.S. at 334–35. “First, the private 19 interest that will be affected by the official action; second, the risk of an erroneous deprivation of such 20 interest through the procedures used, and the probable value, if any, of additional or substitute 21 procedural safeguards; and finally, the Government's interest, including the function involved and the 22 fiscal and administrative burdens that the additional or substitute procedural requirement would 23 entail.” Id. at 335. 24 In the first factor, the Court evaluates Petitioner’s private interest in being free from detention 25 against the government’s stated interests in protecting the public from a risk of danger and any risk of 26 flight to avoid removal. Petitioner has been detained approximately 18 months. Compared to the six- 27

28 1 Mathews v. Eldridge, 424 U.S. 319 (1976). 1 month presumptive period set forth in Zadvydas beyond which continued detention becomes 2 prolonged, Petitioner’s 18-month detention qualifies as prolonged. Zadvydas, 533 U.S. at 701. The 3 Ninth Circuit has also held that an individual's private interest in “freedom from prolonged detention” 4 is “unquestionably substantial.” Singh v. Holder, 638 F.3d 1196, 1208 (9th Cir. 2011). 5 In Rodriguez Diaz v. Garland, the Ninth Circuit stated that “in evaluating the first prong of the 6 Mathews analysis, it is not sufficient to simply count the months of detention. The process received 7 during this time, the further process that was available to him, and the fact that his detention was 8 prolonged due to his decision to challenge his removal order must also be considered. 53 F.4th at 9 1208. The Ninth Circuit stated it was “important not to overstate the strength of Petitioner’s showing 10 under the first Mathews factor.” 53 F.4th at 1213. Here, unlike the petitioner in Rodriguez Diaz, 11 Petitioner has not received the benefit of a bond hearing. The Ninth Circuit noted that detentions 12 longer than six months were considered “prolonged” in cases such as this where “no individualized 13 bond hearings had taken place at all.” Id. at 1207. The appellate court found this distinction 14 significant. Id. Thus, Petitioner’s private interest in being free from prolonged detention of 18 months 15 weighs in his favor. 16 The Court also considers whether the reason for the lengthy period of detention is due to 17 Petitioner’s own actions. Rodriguez Diaz, 53 F.4th at 1208; Demore, 538 U.S. at 530-31. Here, the 18 length of detention is almost entirely due to Petitioner’s requests. As previously noted, Petitioner was 19 placed in expedited removal proceedings. He sought asylum and then requested multiple continuances. 20 The 7-month period from June 2024 to January 2025 was entirely due to Petitioner’s requests for 21 continuances. Since March 2025, Petitioner has been litigating his application for relief from removal 22 in immigration court. He has attended four evidentiary hearings, and the fifth hearing was set for 23 September 19, 2025. It is difficult to ascertain an endpoint to removal proceedings, but it is clear 24 proceedings could take a substantial amount of time. It is unknown when the IJ will decide the 25 application for relief. If the decision is against Petitioner, he still has other avenues available for relief 26 including an appeal to the BIA and a petition for review to the Ninth Circuit Court of Appeals. 27 28 1 In sum, Petitioner’s detention of 18 months is longer than the 6-month presumptively 2 reasonable period. Given the fact that no neutral arbiter has determined in that time whether Petitioner 3 presents a risk of danger to the public or a flight risk, the first factor weighs in favor of Petitioner. 4 As to the second factor, “the risk of an erroneous deprivation of [Petitioner’s] interest through 5 the procedures used, and the probable value, if any, of additional or substitute procedural safeguards,” 6 Mathews, 424 U.S. at 335, the Court finds this factor also weighs in favor of Petitioner. The “risk of 7 an erroneous deprivation of [a petitioner's] interest is high” where “[h]e has not received any bond or 8 custody redetermination hearing[.]” Jimenez, 2020 WL 510347, at *3. Thus, the probable value of 9 additional procedural safeguards, i.e., a bond hearing, is high, because Respondents have provided 10 virtually no procedural safeguards at all. Given that Petitioner has been held without a bond hearing 11 for one and a half years and it is not clear when detention will end, the risk of erroneous deprivation 12 weighs in favor of granting a bond hearing. 13 In the third factor, the Court weighs the government’s interest, “including the function 14 involved and the fiscal and administrative burdens that the additional or substitute requirement would 15 entail.” Mathews, 424 U.S. at 335. As previously discussed, the government has a strong interest in 16 effecting removal, Demore, 538 U.S. at 531, and in protecting the public from danger, Prieto-Clark, 17 534 F.3d at 1062-65. As other courts have recognized, however, the key government interest at stake 18 here “is not the continued detention of Petitioner, but the government's ability to detain him without a 19 bond hearing.” Zagal-Alcaraz v. ICE Field Office Director, 2020 WL 1862254, at *7 (D. Or. 2020) 20 (collecting cases). Here, the government’s asserted interest is hinged on mere speculation about 21 Petitioner’s risk of flight or dangerousness. Petitioner seeks a bond hearing, not an unqualified release. 22 Providing a bond hearing would not undercut the government’s asserted interest in effecting removal. 23 Indeed, the purpose of a bond hearing is to inquire whether the alien represents a flight risk or danger 24 to the community. See In re Guerra, 24 I.&N. Dec. 37 (B.I.A. 2006). Given “the minimal cost of 25 conducting a bond hearing, and the ability of the IJ to adjudicate the ultimate legal issue as to whether 26 Petitioner's continued detention is justified,” courts have concluded that “the government's interest is 27 not as weighty as Petitioner’s.” Zagal-Alcaraz, 2020 WL 1862254, *7 (quoting Lopez Reyes v. 28 1 Bonnar, 362 F. Supp. 3d 762, 777 (N.D. Cal. 2019)). The Court agrees with this analysis. Although the 2 Government has a strong interest, it is outweighed by Petitioner’s. 3 In sum, the three Mathews factors weigh in Petitioner’s favor and outweigh the government’s 4 interest in further detention without inquiry into whether he represents a flight risk or danger to the 5 community. The Court thus finds that Petitioner’s prolonged detention violates his Fifth Amendment 6 due process rights. 7 3. Remedy 8 “The Court finds, consistent with other post-Jennings cases, that the appropriate remedy is a 9 bond hearing before an immigration judge[.]” Lopez v. Garland, 631 F. Supp. 3d 870, 882 (E.D. Cal. 10 2022). See Martinez Leiva v. Becerra, No. 23-cv-02027-CRB, 2023 WL 3688097, at *9 (N.D. Cal. 11 May 26, 2023) (“The Court further concludes that the appropriate remedy here is a bond hearing, and 12 that an IJ, not the Court, should conduct it[.]” (footnote omitted)); Mansoor v. Figueroa, No. 3:17-cv- 13 01695-GPC (NLS), 2018 WL 840253, at *4 (S.D. Cal. Feb. 13, 2018) (“The Court finds the IJ is 14 uniquely qualified and situated to make neutral administrative determinations about Petitioner's 15 eligibility for release on bond and/or placement in a supervised release program such as ISAP.”). 16 The Court now turns to the burden of proof at the bond hearing and which party should bear 17 the burden. Respondent contends Petitioner should bear the burden of proof and Petitioner contends 18 the government must bear the burden of proof by clear and convincing evidence that Petitioner poses a 19 danger or flight risk. In Singh v. Holder, 638 F.3d 1196, 1203 (9th Cir. 2011), in relation to 20 immigration provisions 8 U.S.C. §§ 1225(b), 1226(c), and 1231(a)(6), the Ninth Circuit “concluded 21 that for these hearings to comply with due process, the government had to bear the burden of proving 22 by clear and convincing evidence that the alien poses a flight risk or a danger to the community.” 23 Rodriguez Diaz, 53 F.4th at 1196 (citing Singh, 638 F.3d at 1203–05). Although Rodriguez Diaz may 24 have declined to impose the standard articulated in Singh, the panel majority specifically stated that it 25 was not “decid[ing] whether Singh remains good law in any respect following Jennings” and 26 recognized that Singh was based “on general principles of procedural due process, reasoning that a 27 detained person's liberty interest is substantial.” Rodriguez Diaz, 53 F.4th at 1202 n.4, 1199. 28 Additionally, the Ninth Circuit has suggested post-Jennings that Singh remains good law in Martinez 1 v. Clark, which took “no position” on “[w]hether due process requires a bond hearing for aliens 2 detained under § 1226(c),” but did address “the scope of federal court review of those bond 3 determinations” and found with respect to a bond hearing for a noncitizen detained under § 1226(c) 4 that “the BIA properly noted that the government bore the burden to establish by clear and convincing 5 evidence that Martinez is a danger to the community.” Martinez, 36 F.4th at 1223, 1231. On remand, 6 and after Rodriguez Diaz was decided, the Martinez panel reconfirmed “that the government bore the 7 burden to establish by clear and convincing evidence that Martinez is a danger to the community” and 8 “that the BIA applied the correct burden of proof.” Martinez v. Clark, 124 F.4th 775, 785, 786 (9th 9 Cir. 2024). 10 Thus, the government must justify Petitioner’s continued confinement under § 1225(b) by clear 11 and convincing evidence that Petitioner is a flight risk or a danger to the community. See A.E. v. 12 Andrews, No. 1:25-cv-00107-KES-SKO (HC), 2025 WL 1424382, at *5 (E.D. Cal. May 16, 2025) 13 (recommending that “Respondent be ordered to provide Petitioner with a bond hearing before an 14 immigration judge at which Respondent must justify Petitioner's continued detention by clear and 15 convincing evidence” in § 1225(b) context); Sanchez-Rivera v. Matuszewski, No. 22-cv-1357-MMA 16 (JLB), 2023 WL 139801, at *7 n.5 (S.D. Cal. Jan. 9, 2023) (following “an overwhelming majority of 17 courts that have held that the government must justify the continued confinement of a non-citizen 18 detainee under § 1226(c) by clear and convincing evidence that the non-citizen is a flight risk or a 19 danger to the community”). In the event Petitioner is determined not to be a danger to the community 20 and not to be so great a flight risk as to require detention without bond, the IJ should consider 21 Petitioner’s financial circumstances or alternative conditions of release. See Hernandez v. Sessions, 22 872 F.3d 976, 1000 (9th Cir. 2017) (“Plaintiffs are likely to succeed on their challenge under the Due 23 Process Clause to the government's policy of allowing ICE and IJs to set immigration bond amounts 24 without considering the detainees’ financial circumstances or alternative conditions of release.”); 25 Black v. Decker, 103 F.4th 133, 138 (2d Cir. 2024) (The district court “correctly directed the 26 immigration judge (“IJ”), in setting his bond and establishing appropriate terms for his potential 27 release, to consider his ability to pay and alternative means of assuring appearance.”). 28 1 III. ORDER 2 For the foregoing reasons, IT IS HEREBY ORDERED: 3 1. Respondent's motion to dismiss (Doc. 13) is DENIED. 4 2. The petition for writ of habeas corpus is GRANTED. 5 3. Respondent is ORDERED to provide Petitioner, within thirty (30) days, an 6 individualized bond hearing before an immigration judge that complies with the requirements 7 set forth in Singh v. Holder, 638 F.3d 1196 (9th Cir. 2011), at which: 8 a. “the government must prove by clear and convincing evidence that [Petitioner] is a 9 flight risk or a danger to the community to justify denial of bond,” Singh, 638 F.3d at 10 1203; and 11 b. the IJ should consider Petitioner's financial circumstances or alternative conditions of 12 release in the event Petitioner is determined not to be a danger to the community and 13 not to be so great a flight risk as to require detention without bond. 14 4. The Clerk of Court is directed to enter judgment, terminate outstanding motions, and 15 close the case. 16 17 IT IS SO ORDERED.

18 Dated: November 5, 2025 /s/ Sheila K. Oberto . 19 UNITED STATES MAGISTRATE JUDGE

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