Yaky Howard Mejia Soto v. Reggie Radar, et al.

• Court: District Court, D. Nevada
• Decided: December 11, 2025
• Docket: 2:25-cv-02281
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *

7 YAKY HOWARD MEJIA SOTO, Case No. 2:25-cv-02281-RFB-EJY

8 Petitioner, ORDER

9 v.

10 REGGIE RADAR, et al., 11 Respondents. 12

13 14 I. INTRODUCTION 15 This case is one of a rapidly growing number before this Court challenging the federal 16 government’s reading of the Immigration and Nationality Act (INA) to authorize mandatory 17 detention of all noncitizens charged with entering the United States without inspection.1 The 18 19 1 This Court has already granted petitioners relief—both preliminary and on the merits— in forty-two similar challenges. See Escobar Salgado v. Mattos, No. 2:25-cv-01872-RFB- 20 EJY 2025 WL 3205356 (D. Nev. Nov. 17, 2025); see also Herrera v. Knight, No. 2:25-CV-01366- 21 RFB-DJA, 2025 WL 2581792 (D. Nev. Sept. 5, 2025); Vazquez v. Feeley, No. 2:25-CV-01542- RFB-EJY, 2025 WL 2676082 (D. Nev. Sept. 17, 2025); Roman v. Noem, No. 2:25-CV-01684- 22 RFB-EJY, 2025 WL 2710211 (D. Nev. Sept. 23, 2025); Carlos v. Noem, No. 2:25-CV-01900- RFB-EJY, 2025 WL 2896156 (D. Nev. Oct. 10, 2025); E.C. v. Noem, No. 2:25-CV-01789-RFB- 23 BNW, 2025 WL 2916264 (D. Nev. Oct. 14, 2025); Perez Sanchez v. Bernacke, No. 2:25-CV- 24 01921-RFB-MDC (D. Nev. Oct. 17, 2025); Aparicio v. Noem, No. 2:25-CV-01919-RFB-DJA, 2025 WL 2998098 (D. Nev. Oct. 23, 2025); Dominguez-Lara v. Noem, No. 2:25-CV-01553-RFB- 25 EJY, 2025 WL 2998094 (D. Nev. Oct. 24, 2025); Bautista-Avalos v. Bernacke, 2:25-CV-01987- RFB-BNW (D. Nev. Oct 27, 2025); Arce-Cervera v. Noem, No. 2:25-CV-01895-RFB-NJK, 2025 26 WL 3017866 (D. Nev. Oct. 28, 2025); Alvarado Gonzalez v. Mattos, No. 2:25-CV-01599-RFB- 27 NJK (D. Nev. Oct. 30, 2025); Rodriguez Cabrera v. Mattos, No. 2:25-cv-01551-RFB-EJY, 2025 WL 3072687 (D. Nev. Nov. 3, 2025); Berto Mendez v. Noem, No. 2:25-cv-02602-RFB-MDC, 28 2025 WL 3124285 (D. Nev. Nov. 7, 2025); Cornejo-Mejia v. Bernacke, No. 2:25-cv-02139-RFB- 1 executive branch now takes the position that the INA, specifically 8 U.S.C. § 1225(b)(2)(A), 2 requires the detention of all undocumented individuals during the pendency of their removal 3 proceedings, which can take months or years. According to this interpretation, detention without 4 a hearing is mandatary, no matter how long a noncitizen has resided in the country, and without 5 any due process to ensure the government has a legitimate, individualized interest in detaining 6 them. 7 According to a leaked internal memo, the Department of Homeland Security (DHS), in 8 conjunction with the Department of Justice (DOJ) adopted this new legal position on a nationwide 9 basis on July 8, 2025.2 It subjects millions of undocumented U.S. residents to prolonged detention 10

11 BNW, 2025 WL 3222482 (D. Nev. Nov. 18, 2025); Lucero Ortiz v. Bernacke, No. 2:25-cv-01833- RFB-NJK, 2025 WL 3237291 (D. Nev. Nov. 19, 2025); Perez Sales v. Mattos, No. 2:25-cv-01819- 12 RFB-BNW, 2025 WL 3237366 (D. Nev. Nov. 19, 2025); Hernandez Duran v. Bernacke, No. 2:25- cv-02105-RFB-EJY, 2025 WL 3237451 (D. Nev. Nov. 19, 2025); Cabrera-Cortes v. Knight, No. 13 2:25-cv-01976-RFB-MDC, 2025 WL 3240971 (D. Nev. Nov. 20, 2025); Jacobo Ramirez 14 v. Noem, No. 2:25-cv-02136-RFB-MDC, 2025 WL 3270137 (D. Nev. Nov. 24, 2025); Garcia- Arauz v. Noem, No. 2:25-cv-02117-RFB-EJY, 2025 WL 3470902 (D. Nev. Dec. 3, 2025); Silva 15 Hernandez v. Noem, No. 2:25-cv-02304-RFB-EJY, 2025 WL 3470903 (D. Nev. Dec. 3, 2025); Reyes Cristobal v. Bernacke, No. 2:25-cv-02231-RFB-EJY, 2025 WL 3485770 (D. Nev. 16 Dec. 4, 2025); Carrillo Fernandez v. Knight, No. 2:25-cv-02221-RFB-BNW, 2025 WL 3485800 17 (D. Nev. Dec. 4, 2025); Pilar Torres v. Bernacke, No. 2:25-cv-02270-RFB-EJY, 2025 WL 3514615 (D. Nev. Dec. 8, 2025); Nolasco-Gomez v. Noem, No. 2:25-cv-02217-RFB-DJA, 2025 18 WL 3514758 (D. Nev. Dec. 8, 2025); Ramirez-Contreras v. Noem, No. 2:25-cv-02218-RFB-EJY, 2025 WL 3514681 (D. Nev. Dec. 8, 2025); Rodas v. Noem, No. 2:25-cv-02216-RFB-BNW, 2025 19 WL 3514680 (D. Nev. Dec. 8, 2025); Perdomo-Gonzalez v. Noem, No. 2:25-cv-02121-RFB-EJY, 20 2025 WL 3514758 (D. Nev. Dec. 8, 2025); Hernandez Isidoro v. Bernacke, No. 2:25-cv-02312- RFB-NJK (D. Nev. Dec. 8, 2025); Serrano Gonzalez v. Knight, No. 2:25-cv-02081-RFB-BNW 21 (D. Nev. Dec. 9, 2025); Morales Rondon v. Bernacke, No. 2:25-cv-01979-RFB-BNW (D. Nev. Dec. 9, 2025); Marquez v. Knight, No. 2:25-cv-02203-RFB-NJK (D. Nev. Dec. 9, 2025); Flores- 22 Garcia v. Bernacke, No. 3:25-cv-00688-RFB-CSD (D. Nev. Dec. 9, 2025); Serrano Gonzalez v. 23 Knight, No. 2:25-cv-02081-RFB-BNW, 2025 WL 3524774 (D. Nev. Dec. 9, 2025); Morales Rondon v. Bernacke, No. 2:25-cv-01979-RFB-BNW, 2025 WL 3527246 (D. Nev. Dec. 9, 24 2025); Marquez v. Knight, No. 2:25-cv-02203-RFB-NJK, 2025 WL 3527244 (D. Nev. Dec. 9, 2025); Flores-Garcia v. Bernacke, No. 3:25-cv-00688-RFB-CSD, 2025 WL 3527247 (D. Nev. 25 Dec. 9, 2025); Garcia Soto v. Knight, No. 2:25-cv-02138-RFB-BNW (D. Nev. Dec. 10, 26 2025); Quinonez Orosco v. Lyons, No. 2:25-cv-02240-RFB-EJY (D. Nev. Dec. 10, 2025); Salguero v. DHS, No. 2:25-cv-02328-RFB-NJK (D. Nev. Dec. 10, 2025); Gallegos Rangel 27 v. Knight, No. 2:25-cv-02161 (D. Nev. Dec. 10, 2025). 28 2 See ICE Memo: Interim Guidance Regarding Detention Authority for Applications for Admission, AILA Doc. No. 25071607 (July 8, 2025), https://perma.cc/5GKM-JYGX. 1 without the opportunity for release on bond, in contravention of decades of agency practice and 2 robust due process protections hitherto afforded to such residents under 8 U.S.C. § 1226(a).3 On 3 September 5, 2025, the Bureau of Immigration Appeals (BIA) issued a precedential decision 4 adopting this new interpretation of the government’s detention authority under the INA. See Matter 5 of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025) (“Hurtado”). After Hurtado, immigration judges 6 no longer have authority to hear bond requests or grant bond to noncitizens present in the U.S. 7 who entered without inspection. Id. 8 The overwhelming majority of district courts across the country, including this Court, that 9 have considered the government’s new statutory interpretation have found it incorrect and 10 unlawful. See Escobar Salgado v. Mattos, No. 2:25-CV-01872-RFB-EJY, 2025 WL 3205356 (D. 11 Nev. Nov. 17, 2025) (finding “that the plain meaning of the relevant statutory provisions, when 12 interpreted according to fundamental canons of statutory construction,” as well as the legislative 13 history and decades of consistent agency practice establish “that the government's new 14 interpretation and policy under [§ 1225(b)(2)(A)] is unlawful.”); see also Barco Mercado v. 15 Francis, No. 1:25-CV-06852, at *9-10 (S.D.N.Y. Nov. 26, 2025) (collecting over 350 decisions by 16 over 160 different district judges finding the application of §1225(b)(2)(A) to noncitizens residing 17 in the United States unlawful). A nationwide class has also been certified, and declaratory relief 18 granted to all class members holding that they are being detained without a bond hearing 19 unlawfully. See Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, 2025 WL 3289861 (C.D. 20 Cal. Nov. 20, 2025); Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, 2025 WL 3288403 21 (C.D. Cal. Nov. 25, 2025). 22 Petitioner is currently detained without the opportunity for release on bond in the custody 23 of Federal Respondents at Henderson Detention Center, pursuant to this new detention “policy.” 24 He asserts the application of § 1225(b)(2) to him is unlawful under the INA, and his continued 25 detention violates the Due Process Clause of the Fifth Amendment. He seeks a writ of habeas 26 27 3 See Kyle Cheney & Myah Ward, Trump’s new detention policy targets millions of immigrants. Judges keep saying its illegal., Politico (Sept. 20, 2025 at 4:00 p.m. EDT), 28 https://www.politico.com/news/2025/09/20/ice-detention-immigration-policy-00573850, https://perma.cc/L686-E97L. 1 corpus requiring that he be released unless Respondents provide him with a bond hearing under § 2 1226(a) within seven days of the Court’s Order. For the reasons set forth below, the Petition is 3 granted and the Court orders Respondents to provide Petitioner a constitutionally adequate bond 4 hearing by December 16, 2025, or release him. 5 6 II. PROCEDURAL HISTORY 7 On November 18, 2025, Petitioner filed his Petition for a Writ of Habeas Corpus. ECF No. 8 1. On November 21, 2025, this case was transferred to the undersigned judge as related to three 9 pending putative class actions pending before the Court. ECF No. 3. That same day, the Court 10 ordered Respondents to show cause by November 25, 2025, why the Court should not grant the 11 Petition. ECF No. 4. 12 On November 25, 2025, Respondents’ counsel filed a notice of appearance and motion to 13 extend time to file a response to Order to Show Cause, seeking eight additional days to respond 14 and citing administrative burdens, such as personnel being on leave and necessary document 15 gathering, as grounds for good cause. ECF No. 6. Respondents noted in their filing that Petitioner’s 16 counsel opposed any extension greater than 48 hours. Id. at 2. Over two weeks have passed since 17 this filing, yet Respondents have still failed to respond. 18 On December 4, 2025, Petitioner filed a Motion for Summary Judgment on the basis that 19 Respondents’ failure to timely respond to even their own deadlines entitles Petitioner to relief. 20 ECF No. 10. 21 The Court’s Order follows. 22 23 III. BACKGROUND 24 A. Legal Background 25 The Court fully incorporates by reference the legal background regarding the government’s 26 detention authority and removal proceedings under the INA, as well as the government’s new 27 statutory reading and mass detention “policy,” set forth in its ruling in Escobar Salgado, 2025 WL 28 3205356, at *2-6 (D. Nev. Nov. 17, 2025). 1 B. Petitioner Mejia Soto 2 The Court makes the following findings as to Petitioner. Mr. Mejia Soto is a native and 3 citizen of Honduras who has resided continuously in the United States since 1993, when he entered 4 without inspection. ECF No. 1 at 4. Petitioner has resided in Las Vegas ever since and maintains 5 a shared household with his fiancée and their three U.S. citizen children. Id. 6 Petitioner has been detained by Respondents at Henderson Detention Center since October 7 17, 2025, when he arrived for his scheduled biometrics appointment and was arrested by ICE. Id. 8 On November 17, 2025, an Immigration Judge of the Las Vegas Immigration Court denied 9 Petitioner bond due to lack of jurisdiction under Hurtado, without conducting an individualized 10 assessment. Id. 11 12 IV. LEGAL STANDARDS 13 The Constitution guarantees that the writ of habeas corpus is “available to every individual 14 detained within the United States.” Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004) (citing U.S. 15 Const., Art I, § 9, cl. 2). “Its province, shaped to guarantee the most fundamental of all rights, is 16 to provide an effective and speedy instrument by which judicial inquiry may be had into the legality 17 of the detention of a person.” Carafas v. LaVallee, 391 U.S. 234, 238 (1968). “The essence of 18 habeas corpus is an attack by a person in custody upon the legality of that custody, and . . . the 19 traditional function of the writ is to secure release from illegal custody.” Preiser v. Rodriguez, 411 20 U.S. 475, 484 (1973). A writ of habeas corpus may be granted to a petitioner who demonstrates 21 that he is in custody in violation of the Constitution or federal law. 28 U.S.C. § 2241(c)(3). 22 Historically, “the writ of habeas corpus has served as a means of reviewing the legality of 23 Executive detention, and it is in that context that its protections have been strongest.” I.N.S. v. St. 24 Cyr, 533 U.S. 289, 301 (2001). Accordingly, a district court's habeas jurisdiction includes 25 challenges to immigration-related detention. Zadvydas v. Davis, 533 U.S. 678, 687 (2001); see 26 also Demore v. Kim, 538 U.S. 510, 517 (2003); Trump v. J. G. G., 604 U.S. 670, 672 (2025) 27 (describing immigration detainees’ challenge to their confinement and removal as falling “within 28 the ‘core’ of the writ of habeas corpus.”) (per curiam) (citations omitted). “The application for the 1 writ usurps the attention and displaces the calendar of the judge or justice who entertains it and 2 receives prompt action from him within the four corners of the application.” Yong v. I.N.S., 208 3 F.3d 1116, 1120 (9th Cir. 2000) (citation omitted). 4 5 V. DISCUSSION 6 As an initial matter, the Court first addresses Respondents’ failure to respond to the 7 Petition. This Court ordered Respondents to show cause why this Petition should not be granted 8 by November 25, 2025, in accordance with 28 U.S.C. § 2243. ECF No. 4. On November 25, 2025, 9 Respondents filed a Motion to Extend Time to File a Response to the show cause order, requesting 10 eight additional days to file their response and a new deadline of December 3, 2025. ECF No. 6, 11 The Motion stated that Petitioner opposed such an extension. Id. 12 As of this Order, over two weeks have passed since the Court’s deadline to show cause, 13 and a full week has passed since Respondents’ own requested, extended deadline, yet Respondents 14 have still failed to file any Return to the Petition. The Supreme Court has emphasized that habeas 15 corpus proceedings, and the federal habeas statute, are intended to provide petitioners with “swift, 16 flexible, and summary determination[s].” Preiser v. Rodriguez, 411 U.S. 475, 495 (1973) (citing 17 28 U.S.C. § 2243). While a respondent’s failure to respond to a habeas petitioner’s claims does 18 not entitle that petitioner to default judgment, it is within the district court’s discretion to enter a 19 default judgment for petitioner in instances where respondent’s failure to respond creates an 20 excessive delay in proceedings. Gordon v. Duran, 895 F.2d 610, 612 (9th Cir. 1990) (citing to Ruiz 21 v. Cady, 660 F.2d 337, 341 (7th Cir. 1981), for the proposition that district courts have discretion 22 to enter default judgment upon a government’s failure to respond creating excessive delay). 23 Further, where a respondent is guilty of long, inadequately explained delays, courts may presume 24 that a petitioner is being detained illegally. See Ruiz, 660 F.2d at 340-41. 25 While there is a strong preference for habeas cases to be resolved on the merits, the Court 26 cannot allow further delay given the liberty and due process interests at stake. The Court also notes 27 that Respondents have appeared in many similar cases in this court and raised certain arguments 28 repeatedly before this Court. For these reasons, the Court rules on the Petition and grants relief 1 without a response from the federal Respondents, addressing the routine arguments that 2 Respondents have raised in scores of cases before this Court.4 3 A. Jurisdiction 4 The Court has habeas jurisdiction to review Petitioner’s challenge to the lawfulness of his 5 detention, because the relevant jurisdiction stripping provisions of the INA, 8 U.S.C. § 1252 do 6 not apply. See Escobar Salgado, 2025 WL 3205356, at *8-10; Hernandez Duran v. Bernacke, 2:25- 7 cv-2105-RFB-EJY, 2025 WL 3237451, at *4 (Nov. 19, 2025). In evaluating the jurisdiction 8 stripping provisions of the INA, the Court is guided “by the general rule to resolve any ambiguities 9 in a jurisdiction-stripping statue in favor of the narrower interpretation and by the strong 10 presumption in favor of judicial review.” Arce v. United States, 899 F. F.3d 796, 801 (9th Cir. 11 2018) (per curiam) (internal quotations and citations omitted). 12 B. Administrative Exhaustion 13 The Court fully incorporates by reference its prior finding that administrative exhaustion 14 is excused as futile due to the BIA’s decision in Hurtado. Jacobo Ramirez v. Noem, No 2:25-cv- 15 02136-RFB-MDC, 2025 WL 3270137, at *5-6 (D. Nev. Nov. 24, 2025). 16 C. Statutory Question 17 Petitioner Mejia Soto challenges the government’s new interpretation of the INA, and his 18 detention thereunder, as unlawful. Petitioner argues this interpretation of the statutory scheme of 19 §§ 1225 and 1226 is flawed, contradicting both the statutory framework and the decades of agency 20 practice applying § 1226(a) to people like Petitioner. This Court agrees with Petitioner and fully 21 incorporates by reference its holding and findings in Escobar Salgado v. Mattos. 2025 WL 22 3205356, at *10-22. 23 Petitioner is a longtime U.S. resident, who entered the country without inspection decades 24 ago, and who was arrested and detained by ICE in Las Vegas, far from any port of entry. 25 Accordingly, the Court finds Petitioner is subject to detention under § 1226(a) and its 26 implementing regulations, not § 1225(b)(2)(A), and that the government’s new interpretation and 27 28 4 See, e.g., Escobar Salgado, 2025 WL 3205356; Duran, 2025 WL 3237451; Jacobo Ramirez, 2025 WL 3270137. 1 policy under that provision is unlawful. Escobar Salgado, 2025 WL 3205356, at *10-22. 2 D. Due Process 3 Petitioner also challenges his ongoing detention without the opportunity for release on 4 bond under § 1225(b)(2) as unconstitutional under the Due Process Clause of the Fifth 5 Amendment. Even if this Court were to accept the government’s new reading of § 1225(b)(2), it 6 would still have to contend with Petitioner’s due process challenge on this basis. This Court 7 incorporates by reference the legal authorities and standards set forth in Escobar Salgado v. Mattos 8 regarding the due process rights of noncitizens. 2025 WL 3205356, at *22-24. For the following 9 reasons, the Court finds that Petitioner is currently being detained without the opportunity for 10 release on bond in violation of his procedural and substantive due process rights. 11 1. Procedural Due Process 12 To determine whether detention violates procedural due process, courts apply the three- 13 part test set forth in Mathews v. Eldridge, 424 U.S. 319 (1976). See Rodriguez Diaz v. Garland, 14 53 F.4th 1189, 1203-07 (9th Cir. 2022) (collecting cases and applying the Mathews test in a similar 15 immigration detention context and holding “[u]ltimately, Mathews remains a flexible test that can 16 and must account for the heightened governmental interest in the immigration detention context”). 17 Under Mathews, the courts weigh the following three factors: (1) “the private interest that 18 will be affected by the official action”; (2) “the risk of an erroneous deprivation of such interest 19 through the procedures used, and the probable value, if any, of additional or substitute procedural 20 safeguards”; and (3) “the Government's interest, including the function involved and the fiscal and 21 administrative burdens that the additional or substitute procedural requirement would entail.” 22 Mathews, 424 U.S. at 335. 23 The first Mathews factor considers the private interest affected by the government's 24 ongoing detention of Petitioner without the opportunity for release on bond. See Mathews, 424 25 U.S. at 335. Here, that is Petitioner’s interest in being free from imprisonment, “the most elemental 26 of liberty interests.” Hamdi, 542 U.S. at 529. In this country, liberty is the norm and detention “is 27 the carefully limited exception.” United States v. Salerno, 481 U.S. 739, 755 (1987); see also 28 Rodriguez Diaz, 53 F.4th At 1207 (“An individual's private interest in freedom from prolonged 1 detention is unquestionably substantial.”) (citations omitted). 2 Additionally, Petitioner’s liberty interest is not diminished by any final order of removal, 3 or the availability of any existing process to challenge Respondents’ decision to detain him without 4 bond. Cf. id. at 1208 (holding the habeas petitioner's liberty interest was diminished by the fact 5 that he was subject to a final order of removal, had already been afforded an individualized bond 6 hearing, and had additional process available to him through a further bonding hearing before an 7 IJ upon a showing of materially changed circumstances). 8 Second, the Court considers “the risk of an erroneous deprivation of [Petitioner’s] interest 9 through the procedures used, and the probable value, if any, of additional procedures.” Mathews, 10 424 U.S. at 335. There are no existing procedures whatsoever for Petitioner to challenge his 11 detention pending the conclusion of his removal proceedings without the opportunity for release 12 on bond. The risk of erroneous deprivation is extraordinarily high where ICE and DHS agency 13 officials have sole, unguided, and unreviewable discretion to detain Petitioner without any 14 individualized showing of why his detention is warranted, nor any process for Petitioner to 15 challenge the exercise of that discretion. The likelihood of erroneous deprivation caused by this 16 lack of process is demonstrated by numerous prior cases before this Court where an IJ held a bond 17 hearing for a petitioner prior to Hurtado and found that the government had not established a 18 justification for detention. See, e.g., Escobar Salgado, 2025 WL 3205356; Aparicio v. Noem, No. 19 2:25-CV-01919-RFB-DJA, 2025 WL 2998098 (D. Nev. Oct. 23, 2025); Berto Mendez v. Noem, 20 No. 2:25-cv-02602-RFB-MDC, 2025 WL 3124285 (D. Nev. Nov. 7, 2025). Moreover, given that 21 Petitioner Mejia Soto has significant familial and financial ties in the country, after over thirty 22 years of residency in Las Vegas, and Respondents have not asserted he is dangerous or a flight 23 risk, the Court finds that he is being arbitrarily and unjustifiably deprived of his liberty. 24 The additional procedures afforded under § 1226(a), including an individualized custody 25 redetermination by an immigration judge, i.e., a bond hearing, substantially mitigate the risk of 26 erroneous deprivation of Petitioner’s liberty, because those procedures require the government to 27 establish that Petitioner presents a flight risk or danger to the community. This would account for 28 the constitutional requirement that “once the flight risk justification evaporates, the only special 1 circumstance [ ] present is the alien's removable status itself, which bears no relation to a detainee's 2 dangerousness.” Zadvydas, 553 U.S. at 691-92. An adverse decision by an immigration judge in a 3 bond hearing can further be appealed, and Petitioner could seek additional custody 4 redeterminations based on changed circumstances, such that the outcome of a bond hearing would 5 be subject to “numerous levels of review, each offering [Petitioner] the opportunity to be heard by 6 a neutral decisionmaker.” Rodriguez Diaz, 53 F.4th at 1210 (finding the bond hearing procedures 7 available through the implementing regulations of § 1226(a) would render “the risk of erroneous 8 deprivation . . . relatively small.”) (citation omitted). As such, the second Mathews factor also 9 weighs heavily in favor of granting Petitioner the procedural protections under § 1226(a). 10 The third and final Mathews factor considers the “Government's interest, including the 11 function involved and the fiscal and administrative burdens that the additional or substitute 12 procedural requirement would entail.” 424 U.S. at 335. The Court acknowledges that the 13 government's interests in enforcing immigration laws, including “protecting the public from 14 dangerous criminal aliens” and “securing an alien's ultimate removal,” are “interests of the highest 15 order.” Rodriguez Diaz, 53 F.4th at 1188-89. These interests are in fact served by the 16 individualized determination by an immigration judge, based on a review of evidence presented 17 by the government and the noncitizen, as to whether an individual is dangerous or at risk of fleeing 18 removal proceedings, under existing, well-established procedures. In failing to articulate any 19 individualized reason why detaining Petitioner is necessary to enforce immigration law, the 20 question arises “whether the detention is not to facilitate deportation, or to protect against risk of 21 flight or dangerousness, but to incarcerate for other reasons.” Demore, 538 U.S. at 532-33 22 (Kennedy, J. concurring). And the government has no interest in the unjustified deprivation of a 23 person's liberty. 24 Further, the Court finds that limiting the use of detention to only those noncitizens who are 25 dangerous or a flight risk through existing bond procedures serves the government and public's 26 interest by reducing the fiscal and administrative burdens attendant to immigration detention. 27 Hernandez v. Sessions, 872 F.3d 976, 996 (9th Cir. 2017) (Noting in 2017 that “the costs to the 28 public of immigration detention are staggering: $158 each day per detainee, amounting to a total 1 daily cost of $6.5 million. Supervised release programs cost much less by comparison: between 17 2 cents and 17 dollars each day per person.”). 3 In sum, the Court finds the Mathews factors weigh heavily in factor of Petitioner, and 4 therefore, his detention without the opportunity for release on bond violates his procedural due 5 process rights. 6 2. Substantive Due Process 7 Immigration detention violates the Due Process Clause unless it is ordered in a criminal 8 proceeding with adequate procedural protections, or in non-punitive circumstances “where a 9 special justification . . . outweighs the individual's constitutionally protected interest in avoiding 10 physical restraint.” Zadvydas, 533 U.S. at 690. 11 Respondents have asserted absolutely no individualized justification—let alone a special 12 or compelling justification—to continue to deprive Petitioner of his physical liberty. Accordingly, 13 in addition to finding that the challenged regulation violates procedural due process, this Court 14 further finds that Petitioner is currently detained in violation of his substantive due process rights. 15 See Escobar Salgado, 2025 WL 3205356, at *25. 16 E. Scope of Relief 17 The federal habeas corpus statute “does not limit the relief that may be granted to discharge 18 of the applicant from physical custody.” Carafas v. LaVallee, 391 U.S. 234, 238 (1968). “Its 19 mandate is broad with respect to the relief that may be granted.” Id. “It provides that ‘[t]he court 20 shall . . . dispose of the matter as law and justice require.’” Id. (quoting 28 U.S.C. § 2243). 21 Here, Petitioner faces the specific harm of being detained for months without a bond 22 hearing pursuant to § 1226(a). The Court finds that harm is remedied by ordering a bond hearing 23 by December 16, 2025. Given the due process rights at stake, if a bond hearing is not provided 24 promptly within that time frame, Petitioner shall be immediately released until it is determined 25 that his detention is warranted under 8 U.S.C. § 1226(a). 26 F. Attorneys’ Fees 27 The Court defers on ruling on the matter of attorneys’ fees and costs. Should Petitioner’s 28 counsel wish to pursue a claim for attorneys’ fees and costs under the Equal Access to Justice Act 1 (EAJA), they are instructed to file a separate motion on the issue in accordance with LR 54-14. 2 3 VI. CONCLUSION 4 Based on the foregoing IT IS HEREBY ORDERED that the Petition (ECF No. 1) is 5 GRANTED. 6 IT IS FURTHER ORDERED that Respondents must provide Petitioner with a bond 7 hearing pursuant to 8 U.S.C. § 1226(a) no later than December 16, 2025. 8 IT IS FURTHER ORDERED that Respondents are enjoined from denying Petitioner 9 release on bond on the basis that he is subject to mandatory detention pursuant to 8 U.S.C. § 10 1225(b)(2). Thus, in the event that bond is granted, the Court ORDERS that Respondents are 11 enjoined from invoking the automatic stay to continue Petitioners’ detention, as the Court has 12 already found the automatic stay unconstitutional and adopts that finding here. Herrera v. Knight, 13 No. 2:25-CV-01366-RFB-DJA, 2025 WL 2581792, at *13 (D. Nev. Sept. 5, 2025). 14 In the event that bond is granted, Respondents are ORDERED to immediately release 15 Petitioner. The Court has received notice of the hardship other petitioners have incurred in their 16 efforts to satisfy bond, and therefore, the Court FURTHER ORDERS that Petitioner be afforded 17 45 days from the date of release to satisfy any monetary bond conditions. 18 IT IS FURTHER ORDERED that if the individualized bond hearing is not conducted by 19 December 16, 2025, Petitioner shall be immediately released until it is determined that his 20 detention is warranted under 8 U.S.C. § 1226(a). 21 IT IS FURTHER ORDERED that the parties shall file a status report on the status of 22 Petitioner’s bond hearing by December 17, 2025. The status report shall detail if and when the 23 bond hearing occurred, if bond was granted or denied, and if denied, the reasons for that denial. 24 IT IS FURTHER ORDERED that Respondents’ Motion to Extend Time (ECF No. 6) is 25 DENIED as moot. 26 /// 27 /// 28 /// ] IT IS FURTHER ORDERED that Petitioner’s Motion for Summary Judgment (ECF No. 10)is DENIED as moot. 3 4 DATED: December 11, 2025. 7 RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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