govinfo:USCOURTS-caed-1_26-cv-03640-1

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UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF CALIFORNIA 
OSEE-CERTUS K. MATUTA, 
Petitioner, 
v. 
WARDEN OF CALIFORNIA CITY 
DETENTION CENTER, et al., 
Respondents. 
Case No. 1:26-cv-03460 JLT HBK (HC) 
ORDER GRANTING UNOPPOSED 
PETITION FOR WRIT OF HABEAS 
CORPUS, ORDERING RESPONDENTS TO 
IMMEDIATELY RELEASE PETITIONER 
UNDER APPROPRIATE CONDITIONS OF 
SUPERVISION 
 
(A-213-053-972) 
(Doc. 1) 
 
 
Petitioner Osee-Certus K. Matuta, a native of the Democratic Republic of the Congo who 
presently is in the custody of U.S. Immigration Customs and Enforcement (ICE) at the California 
City Detention Center in California City, California, challenges his continued detention by way of 
a Petition filed pursuant to 28 U.S.C. § 2241. (Doc. 1.) 
The record reflects that Petitioner entered the United States in 2015 on a student visa. 
(Doc. 1 at 15.) He was arrested on several occasions in 2018, including for burglary and 
defrauding a proprietor. (Doc. 7-1 at 9.) Petitioner was placed in removal proceedings, and in 
2019 an immigration judge ordered him removed from the United States but granted him deferral 
of removal to Congo. (Doc. 1 at 15.) Petitioner was again arrested in Colorado in 2020 (for 
unlawfully attempting to influence a public servant) but failed to appear for those proceedings. 

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(Doc. 1 at 15, 17–19.) In 2022, he was arrested in Nevada for burglary of a motor vehicle and 
possession of false identification, though he claims to have no knowledge of those charges or that 
crime. (Id. at 15.) On November 12, 2025, he was arrested in Nevada on an outstanding warrant 
from his Colorado charges. (Doc. 1 at 15.) On November15, 2026 he was transferred to DHS 
custody where he remains. (Id. at 14.) 
Petitioner claims his continued post-final order detention is a violation of his due process 
rights under the Fifth Amendment because (1) his removal was deferred under the Convention 
Against Torture, and (2) there is no significant likelihood of removal in the reasonably 
foreseeable future. (Doc. 1 at 6). As relief, Petitioner seeks release from custody with appropriate 
conditions or, in the alternative, a constitutionally adequate bond hearing. (Id. at 7). 
On June 8, 2026, Respondents conceded they are unable to remove Petitioner in the 
reasonably foreseeable future and thus that he is entitled to immediate release with appropriate 
conditions. (Doc 7 at 1 (“Since the Department of Homeland Security (DHS) detained Petitioner 
Osee-Certus K. Matuta (Matuta) in November 2025, DHS has not identified a third country for 
Matuta’s removal nor obtained travel documents. Respondents lack evidence to rebut Matuta’s 
contention that there is not a significant likelihood of removal in the reasonably foreseeable 
future. So, it appears that he is entitled to release on an order of supervision.”).) As this Court has 
explained previously, absent evidence that removal is reasonably foreseeable, controlling Ninth 
Circuit authority, including Tuan Thai v. Ashcroft, 366 F.3d 790, 797 (9th Cir. 2004), appears to 
require Petitioner’s release notwithstanding his criminal record, albeit on appropriate conditions 
of supervision. See Kovalchuk v. Martinez, No. 1:26-CV-00978 JLT FJS (HC), 2026 WL 
1179736, at *1 (E.D. Cal. Apr. 30, 2026).1 
Thus, the Court ORDERS: 
1. The unopposed Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is 
GRANTED. 
2. Respondents are ORDERED TO IMMEDIATELY RELEASE Petitioner subject to 
 
1 Given Respondents’ admission and considering the procedures set forth in 8 C.F.R. § 241.13, it is unclear to the 
Court why Respondents did not release Petitioner sua sponte. 

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an order of supervision in accordance with 8 U.S.C. § 1231(a)(3) and 8 C.F.R. 
§ 241.5. 
4. The Clerk of Court is directed to serve a copy of this order on the California City 
Detention Center and then to enter judgment and close the case. 
This order terminates the action in its entirety. 
 
IT IS SO ORDERED.
Dated: June 10, 2026
JENNIFER L. THURSTON 
U.S. District Judge 

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