Rafael Antonio T. v. Warden, Central Valley Annex, et al.

Opinion

RAFAEL ANTONIO T.,1 No. 1:26-cv-04800-TLN-CKD P Petitioner, A# 037-051-217 v. ANNEX, et al., Respondents. Petitioner filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 27, 2026, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within seven days. (ECF No. 9.) No objections were filed and the time to do so has elapsed. The Court presumes that any findings of fact are correct. See Orand v. United States, 602

1 The Court omits Petitioner’s full name to protect sensitive personal information. See Memorandum Re: Privacy Concern Regarding Social Security and Immigration Opinions, Committee on Court Administration and Case Management, Judicial Conference of the United States (May 1, 2018), https://www.uscourts.gov/sites/default/files/18-cv-l- suggestion_cacm_0.pdf. F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The Court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations (ECF No. 9) are ADOPTED as set forth herein. 2. Petitioner’s petition for a writ of habeas corpus under 28 U.S.C. § 2241 is 3. Respondents are ENJOINED and RESTRAINED from continuing to detain Petitioner Rafael Antonio T. (A# 037-051-217) for more than seven (7) days from the date of this Order without a bond hearing before a neutral factfinder at which the government bears the burden to justify Petitioner’s detention through a showing that Petitioner poses a danger to the community or a flight risk by clear and convincing evidence. The factfinder must consider Petitioner’s financial circumstances for bond and alternative conditions of release. At any such hearing, Petitioner shall be allowed to have counsel present. If Petitioner is not found to be a danger to society or a flight risk, Respondents must immediately release Petitioner. Respondents may impose any restrictions or conditions determined to be necessary by the factfinder at the hearing. 4. Within five (5) days from the date of the bond hearing, Respondents are ORDERED to file a status report confirming that the hearing occurred, the date of the hearing, and the outcome of the hearing. 5. If Petitioner is released, Respondents are further ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner, while subject to 8 U.S.C. § 1226(c), absent compliance with constitutional protections, including a minimum of seven-days’ notice and a pre- deprivation hearing before a neutral factfinder where the government bears the burden to show by clear and convincing evidence that material changed circumstances demonstrate the government’s interest in protecting the public and/or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner’s constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. 4. The Clerk of Court shall enter judgment for petitioner and close this case. DATE: August 5, 2026 Lally TROY L. NUNLEY CHIEF UNITED STATES DISTRICT JUDGE