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govinfo:USCOURTS-casd-3_26-cv-03416-1

U.S. District Court for the Southern District of California · 2026-06-10

· GavelSight synced 2026-09-06 03:51:54

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26-cv-3416-JES-AHG 
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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. 
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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 
 
 
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