govinfo:USCOURTS-casd-3_26-cv-03493-0

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
FRICO JEAN, 
Petitioner, 
v. 
TODD BLANCHE, U.S. Attorney 
General; et al., 
Respondents. 

 
ORDER GRANTING PETITION 
FOR WRIT OF HABEAS CORPUS 
 
[ECF No. 1] 
 
Petitioner is a native and citizen of Haiti who was granted Temporary Protected 
Status in 2023. ECF No. 1, ¶ 4. Despite his protected status, Petitioner was detained at his 
workplace in June 2025. Id. ¶ 42. The Immigration and Nationality Act provides that “[a]n 
alien provided temporary protected status under this section shall not be detained by the 
Attorney General on the basis of the alien’s immigration status in the United States.” 8 
U.S.C. § 1254a(d)(4). 
On June 11, 2026 , Petitioner filed a Petition for Writ of Habeas Corpus seeking 
immediate release from custody. See generally ECF No. 1. Specifically, the petition alleges 
violations of the Fifth Amendment’s Due Process Clause and the Immigration and 
Nationality Act. Id. ¶¶ 89-102. 
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Respondents have responded to the petition, indicating that they “do not oppose the 
petition nor an order from this Court directing release.” ECF No. 4, at 1. The Court 
construes such a lack of opposition as a concession to the illegality of Petitioner’s 
detention. See Mikhailovskii v. Semaia et al., No. 5:26-CV-0960-DSR, 2026 WL 1196232, 
at *2 (C.D. Cal. Apr. 27, 2026) (“Respondents affirmatively stated in their Answer that 
they do not oppose the Petition, including Petitioner ’s due process claim. . . . Consistent 
with precedent, courts in this Circuit have regarded such silence as a concession.”). Thus, 
the Court finds that Petitioner’s detention violates the Immigration and Nationality Act, 8 
U.S.C. § 1254a(d)(4) and Petitioner’s due process rights. 
CONCLUSION 
The Court ORDERS as follows: 
• The Petition for Writ of Habeas Corpus is GRANTED.1 
• Respondents are ORDERED to release Petitioner immediately. 
• RESPONDENTS are ENJOINED AND RESTRAINED from re -detaining 
Petitioner so long as he maintains temporary protected status. 
• The Court VACATES the hearing set for July 10, 2026. 
IT IS SO ORDERED. 
Dated: June 16, 2026 
 
 
1 In his prayer for relief, Petitioner requests an award of costs and reasonable attorney’s 
fees pursuant to the Equal Access to Justice Ac t. This request is DENIED without 
prejudice. Petitioner’s counsel may submit an appropriate EAJA fee application within 30 
days of the issuance of this Order. 
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