Maria Ortega-Manriquez v. Christopher J. LaROSE, et al.

• Court: District Court, S.D. California
• Decided: December 4, 2025
• Docket: 3:25-cv-03415
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA 3 Maria ORTEGA-MANRIQUEZ, Case No.: 25-cv-3415-AGS-MSB 4 Petitioner, ORDER REQUIRING RESPONSE 5 v. 6 Christopher J. LaROSE, et al., 7 Respondents. 8 9 Petitioner Maria Ortega-Manriquez seeks a writ of habeas corpus under 28 U.S.C. 10 § 2241 challenging her immigration detention. At this stage, she need only make out a 11 claim that is sufficiently cognizable to warrant a response. See Rules Governing Section 12 2254 Cases in the United States District Courts, Rule 4 (authorizing summary dismissal “if 13 it plainly appears from the petition and any attached exhibits that the petitioner is not 14 entitled to relief”); id., Rule 1(b) (permitting use of those Rules to any “habeas corpus 15 petition”). In this context, the relevant federal rules permit “summary dismissal of claims 16 that are clearly not cognizable.” Neiss v. Bludworth, 114 F.4th 1038, 1045 (9th Cir. 2024) 17 (cleaned up). But “as long as a petition has any potential merit, it is not so frivolous or 18 incredible as to justify summary dismissal[.]” Id. 19 Ortega, a “Mexican national,” “has resided in the San Diego region for over 20 18 years.” (ECF 1, at 1–2.) Ortega alleges that she’s been in immigration custody since 21 “June 18, 2025.” (Id. at 2.) On “July 11, 2025, an Immigration Judge granted Ms. Ortega 22 bond.” (Id.) The government appealed. (Id.) On “October 1, 2025, the BIA vacated the 23 decision of the Immigration Judge, relying on their own decision in Matter of Yajure 24 Hurtado.” (Id.); 29 I. & N. Dec. 216 (BIA 2025). In that case, the Board of Immigration 25 Appeals revoked “jurisdiction” for “immigration judge[s]” to “consider the release on bond 26 of any noncitizen who entered without inspection.” Esquivel-Ipina v. LaRose, No. 25-cv- 27 2672 JLS (BLM), 2025 WL 2998361, *2 (S.D. Cal. Oct. 24, 2025). Petitioner charges that 28 1 “continued detention exceeds statutory authority and violates the Fifth Amendment.” 2 ||(ECF 1, at 9.) 3 This challenge has sufficient potential merit to warrant a response. Functionally 4 ||identical cases across the country have been found to have a “likelihood of success on the 5 merits” or have resulted in the writ being issued. See, e.g., Mosqueda v. Noem, No. 5:25- 6 cv-02304 CAS (BFM), 2025 WL 2591530, at *5 (C.D. Cal. Sept. 8, 2025) (“[T]he Court 7 concludes that petitioners are likely to succeed on the merits of their claims because section 8 1226(a), not section 1225(b)(2), likely governs their detention.”); Vazquez v. Feeley, 9 || No. 2:25-cv-01542-RFB-EJY, 2025 WL 2676082, at *11 (D. Nev. Sept. 17, 2025) (same); 10 also Rodriguez v. Bostock, No. 3:25-cv-05240-TMC, 2025 WL 2782499, at *1 11 ||(W.D. Wash. Sept. 30, 2025) (“Every district court to address this question has concluded 12 the government’s position belies the statutory text of the INA, canons of statutory 13 |/interpretation, legislative history, and longstanding agency practice.”); Quispe v. 14 || Crawford, No. 1:25-cv-1471-AJT-LRV, 2025 WL 2783799, at *6 (E.D. Va. Sept. 29, 15 |}2025) (“Petitioner’s detention is governed by § 1226(a)’s discretionary framework, not 16 1225(b)’s mandatory detention procedures, as at least thirty federal district courts around 17 || the country, including two in this Circuit, have concluded when faced with habeas petitions 18 || from comparably situated petitioners.”). 19 By December 11, 2025, respondents must answer the petition. Any reply by 20 || petitioner must be filed by December 18, 2025. The Court will hold oral arguments on the 21 || petition on December 23, 2025, at 11:00 a.m. 22 ||Dated: December 4, 2025

4 Hon. rew G. Schopler United States District Judge 25 26 27 28