Nielsen Torres Cuero v. Pamela Bondi, et al.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NIELSEN TORRES CUERO, No. 1:26-cv-01864-DJC-CSK 12 Petitioner, 13 v. ORDER 14 PAMELA BONDI, et al., 15 Respondents. 16 17 Petitioner Nielson Torres Cuero is an immigration detainee proceeding with a 18 Petition for Writ of Habeas Corpus (ECF No. 1). The Court has previously addressed 19 the legal issues raised in Count 1 of the Petition. See Garcia Mariagua v. Chestnut, No. 20 1:25-cv-01744-DJC-CSK, 2025 WL 3551700 (E.D. Cal. Dec. 11, 202); Ortega v. Noem, 21 No. 1:25-cv-01663-DJC-CKD, 2025 WL 3511914 (E.D. Cal. Dec. 8, 2025); Lopez v. 22 Lyons, No. 2:25-cv-03174-DJC-CKD, 2025 WL 3124116 (E.D. Cal. Nov. 7, 2025). 23 Pursuant to 28 U.S.C. § 2243, the Court directed Respondents to file a return 24 showing cause why the Court should not grant a writ of habeas corpus as to Count 1 25 and identify any factual or legal issues in this case that distinguish it from the Court’s 26 prior orders. (ECF No. 3.) Respondents argue that this case is distinguished by the 27 fact that Respondents gained information about Petitioner’s prior criminal history after 28 Petitioner’s release and that Petitioner is subject to expedited removal under 8 U.S.C. 1 § 1225(b)(1)(A)(iii). (ECF No. 9 at 2.) Under the facts presented this distinction does 2 not meaningfully affect the outcome of this case. 3 The DHS records before the court unequivocally show that Petitioner was 4 “released on parole” into the United States. (See Decl. of Deportation Officer 5 Santiago Rodriguez (ECF No. 9–4) ¶ 6; see also ECF No. 9-1 at 3; ECF No. 10–4 at 2.) 6 Section 1225(b)(1)(A)(iii)(II) expressly states that “[a]n alien described in this clause is 7 an alien . . . who has not been admitted or paroled into the United States[.]” As such, 8 Petitioner cannot be subject to detention and expedited removal under 8 U.S.C. 9 § 1225(b)(1)(A)(iii), as the undisputed evidence provided by both parties shows that 10 Petitioner was paroled into the United States in 2023. 11 Petitioner has remained out of custody since that time and, for the reasons 12 discussed in the cases cited above, is entitled to due process protections in the 13 revocation of his release. Respondents cite three convictions that occurred in 1995, 14 2010, and 2011 in their response. (See ECF No. 9-1 at 3.) While these may be 15 relevant to the determination of risk of dangerousness or flight, the mere existence of 16 convictions from over fifteen years prior, and well predating Petitioner’s present 17 release, does not provide a justification for taking Petitioner into custody without 18 providing him with a hearing. Indeed, Petitioner disputes that two of these 19 convictions exist, evidence of which he could present at a hearing before an 20 Immigration Judge. (See ECF No. 10 at 8.) The evidence before the Court is that 21 Petitioner has not received even the minimum of a post-deprivation hearing even 22 though Petitioner has remained in custody since January 2025. 23 Accordingly, as Respondents have not made any new legal arguments and 24 have not identified any factual or legal issues in this case that would distinguish it from 25 the Court’s prior decisions cited above, IT IS HEREBY ORDERED that the Petition for 26 27 28 1 | Writ of Habeas Corpus (ECF No. 1)is GRANTED as to Count 1, for the reasons stated 2 | in those prior orders.' 3 Within five (5) days of this Order, Respondents shall afford Petitioner Nielsen 4 | Torres Cuero a constitutionally adequate bond hearing before an Immigration Judge. 5 | The Government shall bear the burden of establishing, by clear and convincing 6 | evidence, that Petitioner poses a danger to the community or risk of flight, and 7 | Petitioner shall be allowed to have counsel present. 8 The Clerk of the Court is directed to close this case and enter judgment for 9 | Petitioner. This Order resolves all pending motions. 10 14 IT 1S SO ORDERED. 12 | Dated: _March 20, 2026 “Darl J Cob tto— Hon. Daniel alabretta 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26

28 the Petition.