Bhim Raj KC v. Christopher Chestnut, et al.

Opinion

1 2 3 4 5 6 7 10 11 BHIM RAJ KC, No. 1:26-cv-03159-TLN-SCR 12 Petitioner, A# 221-390-163 13 v. 14 CHRISTOPHER CHESTNUT, et al., ORDER 15 Respondents. 16 17 Petitioner is a federal immigration detainee who filed this habeas corpus action pursuant 18 to 28 U.S.C. § 2241. The matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On May 8, 2026, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within seven days. (ECF No. 10.) Neither party 23 filed objections to the findings and recommendations. 24 The Court presumes any findings of fact are correct. See Orand v. United States, 602 F.2d 25 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See 26 Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The Court has 27 reviewed the file and finds the findings and recommendations to be supported by the record and 28 by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 8, 2026 (ECF No. 10) are 3 ADOPTED in full. 4 2. Petitioner’s Petition for Writ of Habeas Corpus (ECF No. 1) is GRANTED. 5 3. Respondents are ENJOINED and RESTRAINED from continuing to detain 6 Petitioner Bhim Raj KC (A # 221-390-163) for more than seven (7) days from the date of this 7 Order without a bond hearing before a neutral factfinder at which the Government bears the 8 burden to justify Petitioner’s detention through a showing that Petitioner poses a danger to the 9 community or a flight risk by clear and convincing evidence. The factfinder must consider 10 Petitioner’s financial circumstances for bond and alternative conditions of release. At any such 11 hearing, Petitioner shall be allowed to have counsel present. If Petitioner is not found to be a 12 danger to society or a flight risk, Respondents must immediately release Petitioner. Respondents 13 may impose any restrictions or conditions determined to be necessary by the factfinder at the 14 hearing. 15 4. Within five (5) days from the date of the bond hearing, Respondents are 16 ORDERED to file a status report confirming that the hearing occurred, the date of the hearing, 17 and the outcome of the hearing. 18 5. If Petitioner is released, Respondents are further ENJOINED and RESTRAINED 19 from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, 20 including seven-days’ notice and a pre-deprivation hearing before a neutral factfinder where the 21 Government bears the burden to show by clear and convincing evidence that material changed 22 circumstances demonstrate: (a) a significant likelihood of Petitioner’s removal in the reasonably 23 foreseeable future, or (b) the Government’s interest in protecting the public and/or ensuring 24 Petitioner appears at future immigration proceedings outweighs Petitioner’s constitutionally 25 protected interest in remaining free from detention. At any such hearing, Petitioner shall be 26 allowed to have counsel present. 27 6. The Clerk of Court is directed to enter judgment in favor of Petitioner and close 28 this case. 2 | Date: May 19, 2026 3 5 CHIEF UNITED STATES DISTRICT JUDGE 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28