govinfo:USCOURTS-casd-3_26-cv-03276-0

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
GERARDO JOSE NUNEZ-RAMIREZ, 
Petitioner, 
v. 
SIXTO MARRERO; et al., 
Respondents. 

 
ORDER GRANTING IN PART AND 
DENYING IN PART PETITION FOR 
WRIT OF HABEAS CORPUS 
PURSUANT TO 28 U.S.C. 
§ 2241 
 
[ECF No. 1] 
 
Before the Court is Petitioner Gerardo Jose Nunez-Ramirez’s Petition for a Writ of 
Habeas Corpus under 28 U.S.C. § 2241 [ECF No. 1 (“Pet.”)], which claims his detention 
violates the Immigration and Nationality Act, 8 U.S.C. § 1226(a) and the Due Process 
Clause of the Fifth Amendment. Id. ¶¶ 52–97. Petitioner seeks a writ of habeas corpus 
directing Respondents to release him or, alternatively, to provide him with a bond hearing 
under 8 U.S.C. § 1226(a). Pet. at 23-24. 
Respondents filed a Return in which they state that “it is the government’s position 
that Petitioner is subject to mandatory detention under § 1225(b)(2),” but “the government 
acknowledges that this Court, and Courts in this District, have repeatedly reached the 
opposite conclusion under the same and/or similar facts.” ECF No. 4 at 2 (citations 
omitted). Respondents further state that in light of the Court’s prior decisions on cases with 
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similar facts, “the government does not oppose the petition and defers to the court on the 
appropriate relief.” Id. at 3. 
Petitioner filed a Traverse on June 9, 2026. ECF No. 7. In Petitioner’s Traverse, he 
states that he “has remained in ICE custody for an extended period” and reiterates his 
request for immediate release. Id. at 2. 
Upon the Court’s review of the Petition and the Traverse, Petitioner has not 
presented the Court with any controlling authority that supports Petitioner’s request for 
immediate release (instead of a bond hearing) given the facts of Petitioner’s case. Petitioner 
is a native and citizen of Venezuela who is currently being detained by the Department of 
Homeland Security. Pet. ¶¶ 13, 19. Petitioner entered the United States without inspection 
on or about August 30, 2021. Id. ¶ 20. Petitioner has lived in the United States for almost 
five years. Id. ¶ 22. Petitioner was detained by U.S. Immigration and Customs Enforcement 
during a traffic stop on or about April 30, 2026. Id. ¶ 23. The Court finds that Petitioner’s 
detention is governed by 8 U.S.C. § 1226(a) . See, e.g., Beltran v. Noem, No. 25cv 2650-
LL-DEB, 2025 WL 3078837, at *4– 7 (S.D. Cal. Nov. 4, 2025). The Court adopts its 
reasoning stated in Beltran v. Noem on this issue. Id. 
Accordingly, the Court ORDERS as follows: 
1. Petitioner’s Petition for Writ of Habeas Corpus is GRANTED IN PART 
AND DENIED IN PART as set forth below. 
2. Petitioner’s request for immediate release is DENIED WITHOUT 
PREJUDICE. 
3. Respondents shall provide Petitioner with an individualized bond hearing 
before an immigration judge pursuant to 8 U.S.C. § 1226(a) within seven (7) 
days of the date of this order (unless a continuance is requested by Petitioner). 
a. At any such hearing, the immigration judge SHALL NOT deny 
Petitioner bond on the basis that 8 U.S.C. § 1225(b)(2) requires 
mandatory detention. 
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b. The immigration judge SHALL consider alternative conditions of 
release and Petitioner’s ability to pay bond if he or she determines bond 
is appropriate. See Hernandez v. Sessions , 872 F.3d 976, 990 –91 (9th 
Cir. 2017). 
c. Respondents SHALL make a complete record of the bond hearing 
available to Petitioner and his counsel. See Martinez v. Clark, 124 F.4th 
775, 786 (9th Cir. 2024). 
4. The Clerk of Court shall enter judgment in Petitioner’s favor and close this 
case. 
 IT IS SO ORDERED. 
Dated: June 18, 2026 
 
 
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