Horalia Flores Hernandez v. Christopher J. Larose, et al.

Opinion

HORALIA FLORES HERNANDEZ, Case No. 26-cv-03277-BAS-DDL

Petitioner, ORDER GRANTING PETITION v. FOR WRIT OF HABEAS CORPUS (ECF No. 1) CHRISTOPHER J. LAROSE, et al., Respondents.

Petitioner Horalia Flores Hernandez filed a habeas petition pursuant to 28 U.S.C. § 2241, requesting a bond hearing. (ECF No. 1.) The Government responded to the Petition, indicating that it does not oppose an order from this Court directing a bond hearing pursuant to 8 U.S.C. § 1226(a). (ECF No. 7.) For the reasons stated below, the Court GRANTS the Petition and orders that Petitioner be given a bond hearing within 14 days. A writ of habeas corpus is “available to every individual detained within the United States.” Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004). “The traditional function of the writ is to secure release from illegal custody.” Preiser v. Rodriguez, 411 U.S. 475, 484 (1973). A court may grant a writ of habeas corpus to a petitioner who demonstrates he or she is in custody in violation of the Constitution or federal law. 28 U.S.C. § 2241(c)(3). The writ is available to non-citizens detained within the United States. Zadvydas v. Davis, 533 U.S. 678, 687 (2001). Since Petitioner is in custody, and since she is seeking release from custody, she has standing to pursue this Petition. Petitioner, a Mexican citizen, entered the United States in the year 2000, without inspection. (Petition ¶¶ 2, 19, ECF No. 1.) She has lived in the United States since then. (Id.) Petitioner married in the United States and has five U.S. citizen children. (Id. ¶ 21.) She has been gainfully employed in the United States for the past twenty years and paid taxes during that time period. (Id.) She has no felony criminal history and, other than the arrest detailed below, has no criminal history. (Id. ¶ 22.) On April 28, 2026, Petitioner was arrested in the interior of the United States for driving without a license and turned over to Immigration and Customs Enforcement (“ICE”). (Id. ¶ 3.) An Immigration Judge denied her request for bond, relying on Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Id. ¶ 5.) The Central District of California certified a class of which Petitioner was initially a member and essentially overruled Yajure Hurtado. Maldonado Bautista v. Santacruz, 813 F. Supp. 3d 1075 (C.D. Cal. 2025). Although the Ninth Circuit has stayed application of the class to any members outside the Central District of California, Maldonado Bautista v. U.S. Dep’t of Homeland Sec., No. 26-1044 (9th Cir. Mar. 6, 2026), this Court has previously held in multiple cases that it agrees with the court in Maldonado Bautista that an individual in Petitioner’s situation is not subject to mandatory detention under Section 1225. See, e.g., Gregorio v. LaRose, No. 25-cv-03322-BAS-BJW, 2025 WL 3653998 (S.D. Cal. Dec. 17, 2025); Zayas v. Gordon, No. 26-cv-00237-BAS-DEB, 2026 WL 266275 (S.D. Cal. Feb. 2, 2026); Trujillo v. Noem, No. 26-cv-00268-BAS-VET, 2026 WL 266496 (S.D. Cal. Feb. 2, 2026). The Government concedes that Petitioner is entitled to an order from this Court directing a bond hearing be held pursuant to 8 U.S.C. § 1226(a). (ECF No. Hence, for all of the reasons stated in these previous opinions, the Court GRANTS the Petition. Accordingly, the Court issues the following writ: The Court ORDERS a bond hearing before an Immigration Judge for Horalia Flores Hernandez (A# 222-561-422) within 14 days of the date of this Order. The bond hearing shall be governed by 8 U.S.C. § 1226(a), not § 1225(b)(2). If no bond hearing is held within 14 days, Petitioner is ordered released forthwith. The Clerk is directed to close the case. DATED: June 9, 2026 (alla Bahar Hon. Cynthia Bashant, Chief Judge United States District Court

Qe