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govinfo:USCOURTS-casd-3_26-cv-03416-1
1 26-cv-3416-JES-AHG 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 JUAN ALBERTO RAFAEL JACINTO, Petitioner, v. CHRISTOPHER J. LAROSE, Senior Warden Otay Mesa Detention Center; TODD BLANCHE, Acting United States Attorney General; MARKWAYNE MULLIN, Secretary of the Department of Homeland Security; PATRICK DIVVER, ICE San Diego Field Office Director, in their official capacities, Respondents. ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS [ECF No. 1] Before the Court is Petitioner Juan Alberto Rafael Jacinto’s (“Petitioner”) Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 1 (“Pet.”). Petitioner, a native of Guatemala, alleges that he initially entered the United States around June of 2018. Pet. ¶ 25. He states that he has lived in California for the past eight years with his partner and two children, who he supports by working in landscaping. Id. Petitioner was detained on June 3, 2026, during a traffic stop. Id. ¶ 27. Case 3:26-cv-03416-JES-AHG Document 6 Filed 06/10/26 PageID.<pageID> Page 1 of 2 2 26-cv-3416-JES-AHG 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 Pursuant to the Court’s OSC order, Respondents filed a return, and Petitioner filed a traverse. ECF Nos. 4, 5. In the return, Respondents acknowledge that that prior orders from this district have directed bond hearings in similar cases and that Respondents do not oppose a bond hearing. ECF No. 4. Accordingly, the Court GRANTS the petition, and ORDERS as follows: 1. The Court ORDERS the government to provide the noncitizen with a bond determination hearing under 8 U.S.C. § 1226(a) within fourteen days of this Order unless the noncitizen requests a continuance. At the hearing, the government must provide the noncitizen with a constitutionally adequate and individualized bond hearing, where the IJ may not deny bond based on a finding of lack of jurisdiction or issues relating to Maldonado Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, 2025 WL 3288403 (C.D. Cal. Nov. 25, 2025).; and 2. The government is ORDERED to File a Notice of Compliance within five days of providing the noncitizen with a bond determination hearing, including apprising the Court of the results of the hearing and providing a copy of the bond order. The Clerk of Court is ORDERED to CLOSE this case. IT IS SO ORDERED. Dated: June 10, 2026 Case 3:26-cv-03416-JES-AHG Document 6 Filed 06/10/26 PageID.<pageID> Page 2 of 2