Hashmat Faizi v. Christopher J. Larose, et al.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 HASHMAT FAIZI, Case No.: 25-cv-02974-JO-MSB 12 Petitioner, 13 ORDER GRANTING THE PETITION FOR WRIT OF HABEAS 14 v. CORPUS 15 CHRISTOPHER J. LAROSE, et al., 16 Respondents. 17 18 19 20 For the reasons stated on the record, the Court GRANTS IN PART AND DENIES 21 IN PART the petition for writ of habeas corpus. [Dkt. 1]. The Court GRANTS the petition 22 as to the due process claim and request for a bond hearing before an immigration judge. 23 The Court DENIES the petition as to the request for immediate release. The Court 24 ORDERS as follows: 25 • Respondents, within seven (7) days of this order, shall provide Petitioner with 26 an individualized bond hearing before a neutral immigration judge where the 27 Government bears the burden of establishing that Petitioner is a danger to the 28 community or a flight risk that cannot reasonably be addressed by bond or l conditional release. See Singh v. Holder, 638 F.3d 1196, 1203 (9th Cir. 2011). 2 Respondents SHALL NOT deny Petitioner’s bond on the basis that 8 U.S.C. 3 § 1225(b)(2) requires mandatory detention. If continued detention is not 4 warranted, the immigration judge must consider Petitioner’s financial 5 circumstances and alternatives to bond in setting conditions of release. See 6 Hernandez v. Sessions, 872 F.3d 976, 1000 (9th Cir. 2017). 7 e Respondents shall file a declaration attesting to the occurrence of the bond 8 hearing by the close of the next business day after the bond hearing. If no 9 hearing occurs within seven (7) days of this order, Petitioner shall be released 10 from Respondents’ custody by noon on the eighth (8) day following this order. 11 e If Petitioner is released because no bond hearing occurred, Respondents shall 12 not re-detain Petitioner without prior leave of this Court, in aid of this Court’s 13 continuing jurisdiction. All Writs Act, 28 U.S.C. § 1651. 14 The Court takes under submission the question of whether further relief is warranted. 15 16 17 || IS SO ORDERED. 18 19 Dated: November 13, 2025 20 J\— 1 Hyerable J insook Ohta United States District Judge 22 23 24 25 26 27 28