govinfo:USCOURTS-casd-3_26-cv-03423-0

1 
26-CV-3423 JLS (MMP) 
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 
 
DIEGO ANDRÉS ROSALES 
MELÉNDEZ, 
Petitioner, 
v. 
CHRISTOPHER J. LAROSE, Warden, 
Otay Mesa Detention Center, et al.,  
Respondents. 
 Case No.:  26-CV-3423 JLS (MMP) 
 
ORDER GRANTING IN PART 
PETITION FOR WRIT OF 
HABEAS CORPUS 
 
(ECF No. 1) 
Presently before the Court is  Petitioner Diego Andrés Rosales Meléndez’s Petition 
for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Pet.,” ECF No. 1).  Also before 
the Court are Respondents’ Response to Petition  (“Ret.,” ECF No.  4) and Petitioner’s 
Traverse (“Traverse,” ECF No. 5).  Petitioner, a citizen of Venezuela, alleges that he has 
been detained by the United States Department of Homeland Security’s (“DHS”) 
Immigration and Customs Enforcement (“ICE”) division at the Otay Mesa Detention 
Center since May 2026.  Pet. ¶ 1.  Petitioner was previously released on parole in January 
2022.  Id. ¶ 20. 
Respondents assert that Petitioner is subject to mandatory detention under 
§ 1225(b)(2); however, Respondents  “acknowledge[] that this Court, and Courts in this 
District, have repeatedly reached the opposite conclusion under the same and/or similar 
Case 3:26-cv-03423-JLS-MMP     Document 6     Filed 06/17/26     PageID.<pageID>     Page
1 of 2
 
2 
26-CV-3423 JLS (MMP) 
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 
facts.”  Ret. at 2 (collecting cases).  Respondents therefore “do[] not oppose the [P]etition 
and defer[] to the Court on the appropriate relief.”  Id. at 3.  The Court finds that Petitioner 
is entitled to release.  See , e.g., Noori v. LaRose , 807 F. Supp. 3d 1146, 1163–67, 1169  
(S.D. Cal. 2025) (granting release under similar facts); Tran v. LaRose, No. 26-CV-2653 
JLS (GC), 2026 WL 1303166, at *1–3 (S.D. Cal. May 12, 2026) (same); Antonio v. LaRose, 
No. 26-CV-2387-LL-MMP, 2026 WL 1215037, at *1–3 (S.D. Cal. May 4, 2026) (same). 
Accordingly, the Court GRANTS IN PART  the Amended Petition for a Writ of 
Habeas Corpus (ECF No. 6), and ORDERS Respondents to immediately release Petitioner 
from custody subject to the conditions of his preexisting release.  The Court ORDERS , 
prior to any re-detention of Petitioner, that Petitioner is entitled to notice of the reasons for 
revocation of her  release and a hearing before a neutral decision maker to determine 
whether detention is warranted.  The Government shall bear the burden of establishing, by 
clear and convincing evidence, that Petitioner poses a danger to the community or a risk of 
flight.  The Parties are ORDERED to file a Joint Status Report by July 7, 2026, confirming 
that Petitioner has been released.  As this concludes the litigation in this matter, the Clerk 
of Court SHALL CLOSE the file. 
IT IS SO ORDERED. 
Dated:  June 16, 2026 
 
 
 
 
 
 
 
 
 
 
Case 3:26-cv-03423-JLS-MMP     Document 6     Filed 06/17/26     PageID.<pageID>     Page
2 of 2

Passage view · GavelSight