govinfo:USCOURTS-casd-3_26-cv-02794-0

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
MATEO GARCIA GAVILAN, 
Petitioner, 
v. 
CHRISTOPHER LAROSE, et al., 
Respondents. 

 
ORDER GRANTING IN PART 
SECOND AMENDED PETITION 
FOR WRIT OF HABEAS CORPUS 
(ECF No. 8) 
 
 
Petitioner Mateo Garcia Gavilan filed a First Amended habeas petition pursuant to 
28 U.S.C. § 2241, requesting immediate release from custody or a bond hearing. (ECF No. 
6.) Petitioner then filed a Second Amended Petition adding that he was arrested without an 
administrative warrant. (ECF No. 8.) 
The Government responded to the First Amended Petition, indicating that 
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. 10.) Petitioner filed a Traverse, arguing that the 
Government failed to address his request for immediate release because of the lack of an 
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administrative warrant and, thus, he should be released rather than granted a bond hearing. 
(ECF No. 11.) The Court ordered the Government to respond. (ECF No. 1 2.) The 
Government filed a Supplemental Brief attaching an administrative warrant that was served 
upon Petitioner on Ju ly 23, 2026, the day he was arrested. (ECF N o. 15, Ex. 1.) For the 
reasons stated below, the Court GRANTS IN PART the Amended Petition and orders that 
Petitioner be given a bond hearing within 7 days. 
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 he is seeking release from 
custody, he has standing to pursue this Petition. 
II. ANALYSIS 
 Petitioner, a Mexican citizen, entered the United States without inspection in 2000. 
(ECF No. 8 .) Immigration and Customs Enforcement (“ICE”) arrested him on July 23, 
2026, in the interior of the United States. (Id.) Since his arrest, the Department of Homeland 
Security (“DHS”) has refused to grant his request for a bond hearing, presumably relying 
on Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Id. ¶ 1.) Although Petitioner 
claims he was never shown a warrant, the Government presents an administrative warrant 
that was served and read to Petitioner in Spanish on the day he was arrested. (ECF No. 15, 
Ex. 1.) 
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. 
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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 
(S.D. Cal. Feb. 2, 2026). The Government concedes that Petitioner is detained under 8 
U.S.C. §1226(a) and is entitled to an order from this Court directing a bond hearing be held 
pursuant to 8 U.S.C. §1226(a). (ECF No. 10.) 
For all of the reasons stated in these previous opinions, the Court agrees Petitioner 
is entitled to a bond hearing before an Immigration Judge pursuant to § 1226(a). However, 
to the extent Petitioner requests immediate release because of the lack of an administrative 
warrant, the Court denies the request. The Government presents evidence that Petitioner 
was provided with an administrative warrant at the time of his arrest. (ECF No. 15, Ex. 1.) 
Further, 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 
it still requires a habeas petition to enforce the order out side of the Central District of 
California. In addition, this Petition was filed on May 1, 2026, so specifically as to this 
Petitioner, the Government has been aware of the need to provide him with a bond hearing 
since then. Hence, the Government has had plenty of time despite its “heavy caseloads and 
staffing levels” to schedule a bond hearing. Thus, the Court GRANTS IN PART the 
Amended Petition. (ECF No. 8.) 
// 
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// 
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// 
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III. CONCLUSION 
 Accordingly, the Court issues the following writ: 
The Court ORDERS a bond hearing before an Immigration Judge for Mateo 
Garcia Gavilan (A#240-478-998) 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 of Court is directed to close the case. 
 IT IS SO ORDERED. 
 
DATED: June 16, 2026 
 
 
Hon. Cynthia Bashant, Chief Judge 
United States District Court 
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