3:25-cv-03789•Romero-Suarez v. Divver et al
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1 25cv3789-LL-KSC 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 ANDREA ROMERO-SUAREZ, Petitioner, v. PATRICK DIVVER, Field Office Director of Enforcement and Removal Operations, San Diego Field Office, Immigration and Customs Enforcement, et al., Respondents. Case No.: 25cv3789-LL-KSC ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 [ECF No. 1] Before the Court is Petitioner Andrea Romero-Suarez’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 1 (“Pet.”). Respondents filed a Response in which they acknowledge that (1) Petitioner is a member of the Bond Eligible Class certified in Maldonado Bautista v. Santacruz, No. 5:25-cv-01873-SSS-BFM, 2025 WL 3288403 (C.D. Cal. Nov. 25, 2025); (2) a final judgment has been entered as to the Bond Eligible Class; and (3) per the entry of final judgment, Petitioner is detained under 8 U.S.C. § 1226(a) and is entitled to an order from this Court directing a bond hearing be held pursuant to 8 U.S.C. § 1226(a). ECF No. 4; Maldonado Bautista v. Noem, / / / Case 3:25-cv-03789-LL-KSC Document 6 Filed 01/07/26 PageID.<pageID> Page 1 of 2
2 25cv3789-LL-KSC 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 No. 5:25-CV-01873-SSS-BFM, 2025 WL 3678485, at *1 (C.D. Cal. Dec. 18, 2025) (entering final judgment for members of the Bond Eligible Class).1 Accordingly, the Court ORDERS as follows: 1. Petitioner’s Petition for Writ of Habeas Corpus is GRANTED. 2 2. Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a) within seven (7) days of the date of this order. 3. The Clerk of Court shall enter judgment in Petitioner’s favor and close this case. IT IS SO ORDERED. Dated: January 7, 2026 1 Subsequent to entry of judgment, the respondents in Maldonado Bautista filed a Notice of Appeal. However, the Ninth Circuit has held the filing of an appeal does not suspend the preclusive effect of a lower court judgment. Hawkins v. Risley, 984 F.2d 321, 324 (9th Cir. 1993) (citations omitted). 2 In her prayer for relief, Petitioner requests attorney’s fees and costs under the Equal Access to Justice Act, which the Court DENIES without prejudice. Case 3:25-cv-03789-LL-KSC Document 6 Filed 01/07/26 PageID.<pageID> Page 2 of 2
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