Jassiel Jaime Aragon Pliego v. Warden, Golden State Annex ICE Detention Facility

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASSIEL JAIME ARAGON PLIEGO, No. 1:26-cv-01382-DJC-EFB (HC) 12 Petitioner, 13 v. ORDER 14 WARDEN, GOLDEN STATE ANNEX ICE DETENTION FACILITY, 15 Respondent. 16

17 Petitioner proceeds in this petition for writ of habeas corpus under 28 U.S.C. 18 § 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 April 13, 2026, the Magistrate Judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that 22 any objections to the findings and recommendations were to be filed within seven 23 days. Respondents have filed objections to the findings and recommendations. 24 Petitioner objects to the recommended remedy. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 26 304, this Court has conducted a de novo review of this case. Having carefully 27 reviewed the entire 28 1 || file, the court finds the findings and recommendations to be supported by the record 2 || and by proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed April 13, 2026 are adopted in full. 5 2. Petitioner's motion for immediate release (ECF No. 12) is DENIED. 6 3. The petition for writ of habeas corpus is GRANTED. 7 4. Within fourteen (14) days of this Order, Respondents shall afford Petitioner a 8 constitutionally adequate bond hearing before an Immigration Judge. The 9 Government shall bear the burden of establishing, by clear and convincing 10 evidence, that Petitioner poses a danger to the community or risk of flight, 11 and Petitioner shall be allowed to have counsel present. Martinez v. Clark, 12 124 F.4th 775, 785 (9th Cir. 2024); Pablo Sequen v. Albarran, 806 F. Supp. 13 3d 1069, 1092 (N.D. Cal. 2025). If Petitioner is not provided a bond hearing 14 in this time, Respondents are ordered to immediately release Petitioner 15 from their custody. 16 5. The Clerk of the Court is directed to close this case and enter judgment for 17 Petitioner. This Order resolves all pending motions. 18 19 IT IS SO ORDERED. 20 || Dated: _May 4, 2026 Donel J Cb bnettern— Hon. Daniel alabretta 21 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28