govinfo:USCOURTS-casd-3_26-cv-03179-0

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26-cv-3179-RSH-JAC 
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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
HECTOR GRIJALVA-CAMBRONERO, 
Petitioner, 
v. 
WARDEN, Imperial Regional Detention 
Facility, et al., 
Respondents. 
 Case No.:  26- cv-3179-RSH-JAC 
 
ORDER GRANTING PETITION 
FOR WRIT OF HABEAS CORPUS 
 
[ECF No. 2] 
 
 
On May 21, 2026, petitioner Hector Grijalva-Cambronero filed a petition for writ of 
habeas corpus pursuant to 28 U.S.C. § 2241 (the “Petition”). EC F No. 1. Petitioner 
contends that his immigration deten tion without a bond hearing pending removal 
proceedings has become unduly prolonged in violation of the due process clause. Petitioner 
requests his immediate release or alternatively a bond hearing where the government bears 
the burden of establishing, by clear and convincing evidence, that Petitioner poses a danger 
to the community or a flight risk. Id. at 18. Petitioner has also filed a motion to appoint 
counsel. ECF No. 2.  
On June 10, 2026, Respondents filed a return  stating that they do not oppose the 
Court directing a bond hearing. ECF No. 5 at  3. Respondents assert that the bond hearing 
should be held pursuant to 8 U.S.C. § 1226(a), and that Petitioner should bear the burden 
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of persuasion at that bond hearing. Id. However, Petitioner does not argue that he is entitled 
to a bond hearing on the basis of 8 U.S.C. § 1226(a); instead, he contends that he is entitled 
to a bond hearing pursuant to the due proce ss clause, warranting a hearing at which 
Respondents bear the burden. Respondents do not appear to address Petitioner’s 
contention.  
Accordingly, the Petition is GRANTED as follows. The government is directed to 
arrange a bond hearing for petiti oner Hector Grijalva-Cambronero before an immigration 
court within fourteen (14) days of this order, at which the government bears the burden of 
establishing by clear and convincing evid ence that Petitioner poses a danger to the 
community or a risk of flight. See e.g., Chehrazi v. Mullin, No. 26-cv-2929-LEK-AHG, 
2026 WL 1406963, at *1 (S.D. Cal. May 19, 2026) (placing burden on government by clear 
and convincing evidence where petitioner’s ma ndatory detention was unduly prolonged).  
The Court declines to order Petitioner’s immediate release or any other relief requested in 
the Petition. 
In light of this disposition, Petitioner’s motion for counsel [ECF No. 2] is DENIED 
as moot. 
IT IS SO ORDERED.  
Dated: June 17, 2026 
       ____________________ 
        H o n .  R o b e r t  S .  H u i e  
        United States District Judge  
 
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