Silverio Sanchez-Ortiz v. Pam Bondi, Attorney General of the United States, et al.

Opinion

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 SILVERIO SANCHEZ-ORTIZ, Case No. 26-cv-01906-BAS

14 Petitioner, ORDER DENYING PETITION 15 v. WITHOUT PREJUDICE 16 PAM BONDI, Attorney General of the United States, et al., 17 Respondents. 18 19

20 Presently before the Court are a Petition and Application for Writ of Habeas Corpus 21 Ad Prosequendum filed on March 25, 2026. (ECF Nos. 1–2.) The Petition alleges 22 Petitioner was arrested on March 24, 2026, and has not been presented for an initial 23 appearance in violation of Federal Rule of Criminal Procedure 5. Petitioner seeks a writ 24 of habeas corpus ad prosequendum directing Respondents to immediately present 25 Petitioner to a magistrate judge for arraignment. 26 Upon review, the Petition and Application do not demonstrate that Petitioner is 27 entitled to relief. Cf. United States v. Pimental, 755 F.3d 1095, 1103–04 (9th Cir. 2014) 28 (finding a four-day delay in presentment over a holiday weekend was unreasonable and 1 |/unnecessary). Accordingly, the Court DENIES WITHOUT PREJUDICE the Petition 2 ||and Application. (ECF Nos. 1-2.) Petitioner is scheduled for arraignment on March 26, 3 2026 at 2:00 p.m. In the event that Petitioner is not arraigned on March 26, 2026, Petitioner 4 || may renew the Petition and Application. Further, the Clerk of Court shall serve this Order 5 |}on the U.S. Attorney’s Office and close the case. 6 IT IS SO ORDERED. 7 ~ 8 || DATED: March 26, 2026 (yatta Bihar ank Hon. Cynthia Bashant, Chief Judge 9 United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4.