1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DHARIT SACHIN PARLIKAR, Case No.: 25-cv-3438-RSH-DDL
12 Petitioner, ORDER GRANTING PETITION 13 v. FOR WRIT OF HABEAS CORPUS
14 CHRISTOPHER J. LAROSE, Senior Warden, Otay Mesa Detention Center, et al., 15 Respondents. 16 17 18 19 20 On December 5, 2025, petitioner Dharit Sachin Parlikar filed a petition for writ of 21 habeas corpus pursuant to 28 U.S.C. § 2241 (the “Petition”). ECF No. 1. 22 Petitioner, a citizen of India, is detained by U.S. Customs and Immigration 23 Enforcement (“ICE”) at the Otay Mesa Detention Center in San Diego, California. Id. ¶¶ 24 6, 7. Respondents have filed a return. ECF No. 5. As set forth below, the Court grants the 25 Petition. 26 I. LEGAL STANDARD 27 Title 28 of the U.S. Code, Section 2241, provides that “[w]rits of habeas corpus may 28 be granted by the Supreme Court, any justice thereof, the district courts and any circuit 1 judge within their respective jurisdictions.” 28 U.S.C. § 2241(a). A detainee bears the 2 burden of demonstrating that “[sh]e is in custody in violation of the Constitution or laws 3 or treaties of the United States.” 28 U.S.C. § 2241(c)(3). 4 III. ANALYSIS 5 A. Jurisdiction 6 Respondents contend that Petitioner’s claim is jurisdictionally barred under 8 U.S.C. 7 § 1252(g) and (b)(9). ECF No. 5 at 6–9. 8 Section 1252(g) provides that, except as otherwise provided in that section, and 9 notwithstanding any other provision of law including 28 U.S.C. § 2241, “no court shall 10 have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the 11 decision or action by the Attorney General to commence proceedings, adjudicate cases, or 12 execute removal orders against any alien under this chapter.” 8 U.S.C. § 1252(g). 13 Additionally, Section 1252(b)(9) states: 14 Judicial review of all questions of law and fact, including interpretation 15 and application of constitutional and statutory provisions, arising from any action taken or proceeding brought to remove an alien from the 16 United States under this subchapter shall be available only in judicial 17 review of a final order under this section. 18 8 U.S.C. § 1252(b)(9). Respondents argue that this habeas petition arises from DHS’s 19 decision to commence removal proceedings, and Petitioner’s challenge is thus barred by 20 both Sections 1252(g) and (b)(9). ECF No. 5 at 9. 21 The Supreme Court has interpreted the “arising from” jurisdiction-limiting provision 22 in 8 U.S.C. § 1252(g) narrowly, restricting it “only to three discrete actions that the 23 Attorney General may take”: the “‘decision or action’ to ‘commence proceedings, 24 adjudicate cases, or execute removal orders.’” Reno v. Am.-Arab Anti–Discrimination 25 Comm., 525 U.S. 471, 482 (1999) (emphasis in original) (quoting 8 U.S.C. § 1252(g)). The 26 Supreme Court noted that “[t]here are of course many other decisions or actions that may 27 be part of the deportation process . . . .” Id. 28 In a later decision involving a habeas petition, the Supreme Court likewise narrowly 1 interpreted the similar “arising from” language in 8 U.S.C. § 1252(b)(9). Jennings v. 2 Rodriguez, 583 U.S. 281, 294 (2018). Referring back to its opinion in American-Arab Anti- 3 Discrimination Committee, the Supreme Court explained that it did not construe Section 4 1252(g) “to sweep in any claim that can technically be said to ‘arise from’ the three listed 5 actions of the Attorney General. Instead, we read the language to refer to just those three 6 specific actions themselves.” Id. (citation omitted). Consistent with this narrow 7 interpretation, the Supreme Court held that Section 1252(b)(9) did not bar the detainee in 8 Jennings from using habeas to challenge the legality of his detention. Id. at 294–95 (“[I]t 9 is enough to note that respondents are not asking for review of an order of removal; they 10 are not challenging the decision to detain them in the first place or to seek removal; and 11 they are not even challenging any part of the process by which their removability will be 12 determined. Under these circumstances, § 1252(b)(9) does not present a jurisdictional 13 bar.”). See also Flores-Miramontes v. INS, 212 F.3d 1133, 1139 (9th Cir. 2000) (stating 14 that § 1252(b)(9) “does not affect petitions for habeas corpus”). 15 Here, Petitioner challenges the legality of his detention rather than challenging an 16 order of removal or Respondents’ decision to charge him with being a removable 17 noncitizen. Based on the foregoing precedent, the Court concludes that Petitioner’s claims 18 are not barred by 8 U.S.C. § 1252(g) or (b)(9). 19 Respondents also argue in a footnote that “the Court should ensure Petitioner 20 properly exhausts administrative remedies.” ECF No. 5 at 9 n.1. This Court, following 21 other courts in this district, finds that exhaustion would be futile here because the Board of 22 Immigration Appeals would be obligated to apply administrative precedent to conclude 23 that detention is mandatory under 8 U.S.C. § 1225(b)(2). See Hoyos Amado v. U.S. Dep’t 24 of Justice, No. 25-cv-2687-LL-DDL, 2025 WL 3079052, at *3 (Nov. 4, 2025) (collecting 25 cases). 26 B. Merits 27 Petitioner alleges that he is entitled to a bond determination under 8 U.S.C. § 28 1226(a), which provides that, except for noncitizens with certain criminal convictions as 1 set forth in subsection (c), the Attorney General may release an alien on bond or conditional 2 parole pending a decision on whether the alien is to be removed from the United States. 3 ECF No. 1 ¶ 32. 4 Respondents maintain that Petitioner is not entitled to a bond hearing, because he is 5 subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A). ECF No. 5 at 10–15. That 6 statute provides that subject to certain exceptions, “in the case of an alien who is an 7 applicant for admission, if the examining immigration officer determines that an alien 8 seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall 9 be detained for a proceeding under section 1229a of this title.” 8 U.S.C. § 1225(b)(2)(A).
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DHARIT SACHIN PARLIKAR, Case No.: 25-cv-3438-RSH-DDL
12 Petitioner, ORDER GRANTING PETITION 13 v. FOR WRIT OF HABEAS CORPUS
14 CHRISTOPHER J. LAROSE, Senior Warden, Otay Mesa Detention Center, et al., 15 Respondents. 16 17 18 19 20 On December 5, 2025, petitioner Dharit Sachin Parlikar filed a petition for writ of 21 habeas corpus pursuant to 28 U.S.C. § 2241 (the “Petition”). ECF No. 1. 22 Petitioner, a citizen of India, is detained by U.S. Customs and Immigration 23 Enforcement (“ICE”) at the Otay Mesa Detention Center in San Diego, California. Id. ¶¶ 24 6, 7. Respondents have filed a return. ECF No. 5. As set forth below, the Court grants the 25 Petition. 26 I. LEGAL STANDARD 27 Title 28 of the U.S. Code, Section 2241, provides that “[w]rits of habeas corpus may 28 be granted by the Supreme Court, any justice thereof, the district courts and any circuit 1 judge within their respective jurisdictions.” 28 U.S.C. § 2241(a). A detainee bears the 2 burden of demonstrating that “[sh]e is in custody in violation of the Constitution or laws 3 or treaties of the United States.” 28 U.S.C. § 2241(c)(3). 4 III. ANALYSIS 5 A. Jurisdiction 6 Respondents contend that Petitioner’s claim is jurisdictionally barred under 8 U.S.C. 7 § 1252(g) and (b)(9). ECF No. 5 at 6–9. 8 Section 1252(g) provides that, except as otherwise provided in that section, and 9 notwithstanding any other provision of law including 28 U.S.C. § 2241, “no court shall 10 have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the 11 decision or action by the Attorney General to commence proceedings, adjudicate cases, or 12 execute removal orders against any alien under this chapter.” 8 U.S.C. § 1252(g). 13 Additionally, Section 1252(b)(9) states: 14 Judicial review of all questions of law and fact, including interpretation 15 and application of constitutional and statutory provisions, arising from any action taken or proceeding brought to remove an alien from the 16 United States under this subchapter shall be available only in judicial 17 review of a final order under this section. 18 8 U.S.C. § 1252(b)(9). Respondents argue that this habeas petition arises from DHS’s 19 decision to commence removal proceedings, and Petitioner’s challenge is thus barred by 20 both Sections 1252(g) and (b)(9). ECF No. 5 at 9. 21 The Supreme Court has interpreted the “arising from” jurisdiction-limiting provision 22 in 8 U.S.C. § 1252(g) narrowly, restricting it “only to three discrete actions that the 23 Attorney General may take”: the “‘decision or action’ to ‘commence proceedings, 24 adjudicate cases, or execute removal orders.’” Reno v. Am.-Arab Anti–Discrimination 25 Comm., 525 U.S. 471, 482 (1999) (emphasis in original) (quoting 8 U.S.C. § 1252(g)). The 26 Supreme Court noted that “[t]here are of course many other decisions or actions that may 27 be part of the deportation process . . . .” Id. 28 In a later decision involving a habeas petition, the Supreme Court likewise narrowly 1 interpreted the similar “arising from” language in 8 U.S.C. § 1252(b)(9). Jennings v. 2 Rodriguez, 583 U.S. 281, 294 (2018). Referring back to its opinion in American-Arab Anti- 3 Discrimination Committee, the Supreme Court explained that it did not construe Section 4 1252(g) “to sweep in any claim that can technically be said to ‘arise from’ the three listed 5 actions of the Attorney General. Instead, we read the language to refer to just those three 6 specific actions themselves.” Id. (citation omitted). Consistent with this narrow 7 interpretation, the Supreme Court held that Section 1252(b)(9) did not bar the detainee in 8 Jennings from using habeas to challenge the legality of his detention. Id. at 294–95 (“[I]t 9 is enough to note that respondents are not asking for review of an order of removal; they 10 are not challenging the decision to detain them in the first place or to seek removal; and 11 they are not even challenging any part of the process by which their removability will be 12 determined. Under these circumstances, § 1252(b)(9) does not present a jurisdictional 13 bar.”). See also Flores-Miramontes v. INS, 212 F.3d 1133, 1139 (9th Cir. 2000) (stating 14 that § 1252(b)(9) “does not affect petitions for habeas corpus”). 15 Here, Petitioner challenges the legality of his detention rather than challenging an 16 order of removal or Respondents’ decision to charge him with being a removable 17 noncitizen. Based on the foregoing precedent, the Court concludes that Petitioner’s claims 18 are not barred by 8 U.S.C. § 1252(g) or (b)(9). 19 Respondents also argue in a footnote that “the Court should ensure Petitioner 20 properly exhausts administrative remedies.” ECF No. 5 at 9 n.1. This Court, following 21 other courts in this district, finds that exhaustion would be futile here because the Board of 22 Immigration Appeals would be obligated to apply administrative precedent to conclude 23 that detention is mandatory under 8 U.S.C. § 1225(b)(2). See Hoyos Amado v. U.S. Dep’t 24 of Justice, No. 25-cv-2687-LL-DDL, 2025 WL 3079052, at *3 (Nov. 4, 2025) (collecting 25 cases). 26 B. Merits 27 Petitioner alleges that he is entitled to a bond determination under 8 U.S.C. § 28 1226(a), which provides that, except for noncitizens with certain criminal convictions as 1 set forth in subsection (c), the Attorney General may release an alien on bond or conditional 2 parole pending a decision on whether the alien is to be removed from the United States. 3 ECF No. 1 ¶ 32. 4 Respondents maintain that Petitioner is not entitled to a bond hearing, because he is 5 subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A). ECF No. 5 at 10–15. That 6 statute provides that subject to certain exceptions, “in the case of an alien who is an 7 applicant for admission, if the examining immigration officer determines that an alien 8 seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall 9 be detained for a proceeding under section 1229a of this title.” 8 U.S.C. § 1225(b)(2)(A). 10 An “applicant for admission” for purposes of this section includes an “alien present in the 11 United States who has not been admitted . . . .” Id. § 1225(a)(1). 12 Respondents argue that Petitioner is an alien present in the United States who has 13 not been admitted, and therefore that under the plain language of the statute, he is an 14 “applicant for admission” subject to the mandatory detention provision of Section 15 1225(b)(2)(A). ECF No. 5 at 10–14. The plain language of the mandatory detention 16 provision on which Respondents rely requires, however, that the “applicant for admission” 17 also be “seeking admission.” 8 U.S.C. § 1225. Respondents appear to take the position that 18 all applicants for admission are, by definition, also “seeking admission.” ECF No. 5 at 13. 19 The Court disagrees. 20 Respondents’ interpretation of “seeking admission” as used in the mandatory 21 detention provision of Section 1225(b)(2)(A) would seemingly render that phrase mere 22 surplusage, such that the language could be deleted while retaining the same statutory 23 meaning: “[I]n the case of an alien who is an applicant for admission, if the examining 24 immigration officer determines that an alien seeking admission is not clearly and beyond a 25 doubt entitled to be admitted, the alien shall be detained . . . .” 8 U.S.C. § 1225(b)(2)(A) 26 (emphasis added). Respondents argue elsewhere that “[o]ne of the most basic interpretative 27 canons instructs that a ‘statute should be construed so that effect is given to all its 28 provisions.’” ECF No. 5 at 13 (citing Corley v. United States, 556 U.S. 303, 314 (2009)). 1 Respondents’ approach to the mandatory detention provision at issue appears to run 2 contrary to this interpretive canon. 3 Respondents’ interpretation also appears to collapse the general distinction between 4 Section 1225(b) and Section 1226(a) explained by the Supreme Court in Jennings. In that 5 case, the Supreme Court observed that “U.S. immigration law authorizes the government 6 to detain certain aliens seeking admission into the country under §§ 1225(b)(1) and (b)(2). 7 It also authorizes the Government to detain certain aliens already in the country pending 8 the outcome of removal proceedings under §§ 1226(a) and (c).” 583 U.S. at 289. The Court 9 thereby contrasted “aliens seeking admission into the country” (to whom Section 1225(b) 10 applies) with “aliens already in the country” (to whom Section 1226 applies). Id. The 11 Supreme Court described Section 1226(a) as the “default rule” for “the process of arresting 12 and detaining” aliens who are already “inside the United States.” Id. at 288. See also id. at 13 303 (“§ 1226 applies to aliens already present in the United States. Section 1226(a) creates 14 a default rule for those aliens by permitting—but not requiring—the Attorney General to 15 issue warrants for their arrest and detention pending removal proceedings.”). Respondents 16 do not dispute that Petitioner has been present in the United States continuously since 2018. 17 The majority of courts to address the issue have agreed that the mandatory detention 18 provision of Section 1225(b)(2)(A) does not apply to an “applicant for admission” unless 19 that individual is also “seeking admission,” a distinct requirement. See, e.g., Contreras- 20 Cervantes v. Raycraft, No. 2:25-cv-13073, 2025 WL 2952796, at *8 & n.4 (E.D. Mich. 21 Oct. 17, 2025) (“There can be no genuine dispute that Section 1226(a), and not Section 22 1225(b)(2)(A), applies to a noncitizen who has resided in this country, irrespective of the 23 length of time, having been apprehended and arrested within the border of the United 24 States. The reading of the statutes supports this finding, as does every other Court that has 25 had to address the distinction between Section 1225(b)(2)(A) and Section 1226(a).”) 26 (collecting cases); Cerritos Echevarria v. Bondi, No. CV-25-3252-PHX-DWL (ESW), 27 2025 WL 2821282, at *4 (D. Ariz. Oct. 3, 2025) (“In recent months, many district courts 28 across the country have grappled with the same issue, and it appears that all but one of 1 them has rejected Respondents’ position and concluded that an alien in Petitioner’s 2 situation (i.e., an alien who entered the United States without inspection, never formally 3 applied for admission, and has been living in the United States for years or decades) is 4 entitled to a bond hearing under § 1226(a).”) (collecting cases). This Court rules likewise. 5 Apart from arguing that any “applicant for admission” is also by definition “seeking 6 admission,” Respondents do not argue that any act of Petitioner amounted to “seeking 7 admission” here. 8 The Court concludes that Petitioner is not subject to mandatory detention under 8 9 U.S.C. § 1225(b)(2)(A), and that detention, bond, and release in Petitioner’s case are 10 instead governed by 8 U.S.C. § 1226(a). Accordingly, the Court will order a bond hearing 11 pursuant to that section. 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 1 |}IV. CONCLUSION 2 For the foregoing reasons, the Petition is GRANTED as follows. Respondents are 3 directed to arrange a bond hearing for petitioner Dharit Sachin Parlikar before an 4 ||immigration court pursuant to 8 U.S.C. § 1226(a) within seven (7) days of this order as 5 ||described above. In light of this disposition, the Court declines at this time to order 6 || Petitioner’s immediate release or to issue further injunctive relief.! To the extent Petitioner 7 || seeks to recover fees or costs, he must do so in the manner prescribed by the Federal Rules 8 Civil Procedure, the Local Rules of this Court, and the undersigned’s chambers rules. 9 || Any request for fees must be made by duly noticed motion. The Court VACATES the 10 || hearing date set for December 23, 2025 and any remaining dates set in this case. 11 IT IS SO ORDERED. 12 || Dated: December 17, 2025 ‘ ferkut Yor 14 Hon. Robert S. Huie United States District Judge 15 16 17 18 19 20 21 22 23 ! The Court recognizes that the Petition, in its prayer for relief, requests release rather than a bond hearing. The body of the Petition, however, argues that Petitioner is entitled to 25 ||such a hearing. See ECF No. 1 {§ 30, 32, 40, 42-47. The Court therefore construes the Petition as requesting this relief in the alternative, and grants this relief. Given the 6 exigencies in this case, the Court is issuing this order on an expedited basis and prior to the 27 scheduled hearing date. To the extent Petitioner does not receive a timely bond hearing or remains in custody following his bond hearing, he may file a further request for habeas 8 relief in this case.