Zulkuf K. v. Warden, et al.

Opinion

ZULKUF K.,1 No. 1:26-cv-04873-TLN-SCR Petitioner, (A# 226-142-791) v. ORDER WARDEN, et al., Respondents. Petitioner is a federal immigration detainee who filed this habeas corpus action 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 20, 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 three days. (ECF No. 10.) Neither party filed objections to the findings and recommendations. 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. 10) are adopted in full as follows: 2. The Petition of Writ of Habeas Corpus (ECF No. 1) is GRANTED on claim two based on a violation of the Immigration and Nationality Act. 3. Respondents are ordered to IMMEDIATELY RELEASE Petitioner Zulkuf K. (A# 226-142-791) from custody under the same conditions he was released prior to his current detention. Respondents shall not impose any additional restrictions on him, unless such restrictions are determined to be necessary at a future pre-deprivation/custody hearing. 4. Respondents are ENJOINED from re-detaining Petitioner absent compliance with constitutional protections, including a minimum of seven-days’ notice and a pre-deprivation hearing before a neutral fact-finder where: (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner’s removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that the government’s interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs his constitutionally protected interest in remaining free from detention. At any such hearing, Petitioner shall be allowed to have counsel present. 5. Respondents’ Motion to Dismiss (ECF No. 8) is DENIED. 6. The Clerk of the Court shall serve this Order on the California City Immigration Detention Center. 7. The Clerk of the Court shall enter judgment in favor of Petitioner and close this case. // // // Date: July 27, 2026 . ; CHIEF UNITED STATES DISTRICT JUDGE 1]