govinfo:USCOURTS-caed-1_25-cv-01875-1

1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
 
 
 1  
 
 
 
 
 
 
 
 
 
UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF CALIFORNIA 
LEONARDO LOPEZ BOHORQUEZ, 
Petitioner, 
v. 
KRISTI NOEM, et al., 
Respondents. 
No.  1:25-cv-01875 DJC SCR 
 
ORDER 
 
 Petitioner was 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 September 15, 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.  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 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 
Case 1:25-cv-01875-DJC-SCR     Document 16     Filed 09/30/26     Page 1 of 2
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
 
 
 2  
 
 
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. 15) are adopted in full. 
2. Petitioner’s application for a writ of habeas corpus (ECF No. 1) is granted on the 
Fifth Amendment procedural due process claim only (Count Two) 
3. The Court denies the remaining claims in the § 2241 petition in the interests of 
judicial economy since the requested relief has been granted. 
4. The preliminary injunctive relief previously granted is made permanent. 
5. Respondents’ motion to dismiss (ECF No. 6) is DENIED. 
6. The Clerk of Court is directed to close this case. 
 
IT IS SO ORDERED. 
 
Dated:     September 30, 2026     
Hon. Daniel J. Calabretta 
UNITED STATES DISTRICT JUDGE 
 
Case 1:25-cv-01875-DJC-SCR     Document 16     Filed 09/30/26     Page 2 of 2

Passage view · GavelSight