govinfo:USCOURTS-casd-3_26-cv-03386-0

- 1 - 
26cv3386 
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 
 
 
 
 
 
 
 
 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
ROSAIDI CARMELINA VASQUEZ 
BATEN, 
Petitioner, 
v. 
WARDEN, OTAY MESA DETENTION 
CENTER, et al., 
Respondents. 

 
ORDER GRANTING PETITION 
FOR WRIT OF HABEAS CORPUS 
(ECF No. 1) 
 
 
Petitioner Rosaidi Carmelina Vasquez Baten filed a habeas petition pursuant to 28 
U.S.C. § 2241 requesting a bond hearing. (ECF No. 1.) The Government responded to the 
Petition, indicating Respondents “do not oppose an order from this Court directing a bond 
hearing be held pursuant to 8 U.S.C. § 1226(a).” (ECF No. 4.) However, the Government 
requests 14 days to hold the bond hearing because of “heavy caseloads and staffing levels.” 
(Id.) Petitioner replies asking that the bond hearing be held within 7 days. (ECF No. 5.) 
For the reasons stated below, the Court GRANTS the Petition and orders that Petitioner be 
given a bond hearing within 7 days. 
Case 3:26-cv-03386-BAS-GC Document 6 Filed 06/16/26 PageID.<pageID> Page
1 of 3
 
- 2 - 
26cv3386 
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 
I. LEGAL STANDARD 
A writ of habeas corpus is “available to every individual detained within the United 
States.” Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004). “The traditional function of the writ 
is to secure release from illegal custody.” Preiser v. Rodriguez, 411 U.S. 475, 484 (1973). 
A court may grant a writ of habeas corpus to a petitioner who demonstrates he or she is in 
custody in violation of the Constitution or federal law. 28 U.S.C. § 2241(c)(3). The writ is 
available to non-citizens detained within the United States. Zadvydas v. Davis, 533 U.S. 
678, 687 (2001). Since Petitioner is in custody , and since s he is seeking release from 
custody, she has standing to pursue this Petition. 
II. ANALYSIS 
 Petitioner, a Guatemalan citizen, entered the United States on November 13, 2003, 
without inspection. (Pet. ¶¶ 15, 40, ECF No. 1) She has been living in Florida since then. 
(Id.) Immigration and Customs Enforcement (“ICE”) arrested Petitioner in Florida on April 
26, 2026. (Id. ¶ 41.) Since her arrest, the Department of Homeland Security (“DHS”) has 
refused to grant her request for a bond hearing, presumably relying on Matter of Yajure 
Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Id. ¶ 45.) She is currently being held at the 
Otay Mesa Detention Center. (Id. ¶ 16.) 
The Central District of California certified a class of which Petitioner was initially a 
member and essentially overruled Yajure Hurtado. Maldonado Bautista v. Santacruz, 813 
F. Supp. 3d 1075 (C.D. Cal. 2025). Although the Ninth Circuit has stayed application of 
the class to any members outside the Central District of California, Maldonado Bautista v. 
U.S. Dep’t of Homeland Sec. , No. 26- 1044 ( 9th Cir. Mar. 6, 2026) , t his Court has 
previously held in multiple cases that it agrees with the c ourt in Maldonado Bautista that 
an individual in Petitioner’s situation is not subject to mandatory detention under Section 
1225. See, e.g., Gregorio v. LaRose, No. 25-cv-03322-BAS-BJW, 2025 WL 3653998 (S.D. 
Cal. Dec. 17, 2025); Zayas v. Gordon , No. 26-cv-00237-BAS-DEB, 2026 WL 266275 
(S.D. Cal. Feb. 2, 2026); Trujillo v. Noem, No. 26-cv-00268-BAS-VET, 2026 WL 266496 
Case 3:26-cv-03386-BAS-GC Document 6 Filed 06/16/26 PageID.<pageID> Page
2 of 3
 
- 3 - 
26cv3386 
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 
(S.D. Cal. Feb. 2, 2026). The Government “do[es] not oppose an order from this Court 
directing a bond hearing be held pursuant to 8 U.S.C. § 1226(a).” (ECF No. 4.) 
For all of the reasons stated in these previous opinions, the Court GRANTS the 
Petition. Although the Government requests that it be given 14 days to hold a bond hearing, 
it has been aware of the opinion in Maldonado-Bautista since November 2025, yet the 
Government still requires a habeas petition to enforce the order out of the Central District 
of California. In addition, this Petition was filed June 4, 2026, so specifically as to this 
Petitioner, the Government has been aware of the need to provide her with a bond hearing 
since then. Accordingly, the Government has had plenty of time despite its “heavy 
caseloads and staffing levels” to schedule a bond hearing. Petitioner requests seven days, 
and the Court finds that is appropriate. 
III. CONCLUSION 
 Accordingly, the Court issues the following writ: 
The Court ORDERS a bond hearing before an Immigration Judge for Rosaidi 
Carmelina Vasquez Baten (A# 221-486-922) within 7 days of the date of this 
Order. The bond hearing shall be governed by 8 U.S.C. § 1226(a), not 
§ 1225(b)(2). If no bond hearing is held within 7 days, Petitioner is ordered 
released forthwith. 
The Clerk is directed to close the case. 
 IT IS SO ORDERED. 
 
DATED: June 16, 2026 
 
 
Hon. Cynthia Bashant, Chief Judge 
United States District Court 
Case 3:26-cv-03386-BAS-GC Document 6 Filed 06/16/26 PageID.<pageID> Page
3 of 3

Passage view · GavelSight