Rodriguez v. Noem et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Jorge Pedroza Rodriguez,
Petitioner,
v.
Kristi Noem, et al.,
Respondents.
No. CV-26-00481-PHX-KML (JFM)
ORDER
Petitioner filed this action challenging his immigration detention. A district court in
the Central District of California recently certified a class that includes petitioner. Bautista
v. Santacruz, No. 5:25-CV-01873-SSS-BFM, 2025 WL 3288403, at *1 (C.D. Cal. Nov.
25, 2025). On December 18, 2025, the Bautista court entered judgment under Rule 54(b)
declaring “the Bond Eligible Class members are detained under 8 U.S.C. § 1226(a) and are
not subject to mandatory detention under § 1225(b)(2)” and vacating “the Department of
Homeland Security policy described in the July 8, 2025, ‘Interim Guidance Regarding
Detention Authority for Applicants for Admission’ under the Administrative Procedure
Act as not in accordance with law. 5 U.S.C. § 706(2)(A).” Bautista v. Santacruz, No. 5:25-
CV-01873-SSS-BFM, Document 94 (C.D. Cal. Dec. 18, 2025). In their response to the
court’s order to show cause, respondents acknowledge “insofar as the Petition challenges
Respondents’ detention of Petitioner pursuant to 8 U.S.C. § 1225(b)(2)(A), Petitioner
appears to be a member of the Bond Eligible Class.” (Doc. 7 at 6.) Pursuant to that
judgment, petitioner is entitled to be released from custody or provided a bond
Case 2:26-cv-00481-KML--JFM Document 8 Filed 01/29/26 Page 1 of 2

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redetermination hearing within seven days. But in the alternative, the court’s review of the
petition confirms he is entitled to relief regardless of Bautista and the court grants relief
based on its independent view that his detention is governed by § 1226 and not § 1225.
IT IS ORDERED:
1. Petitioner’s petition for writ of habeas corpus (Doc. 1) is granted.
2. Respondents must provide petitioner a bond redetermination hearing within
seven days or release him from custody under the same conditions that existed before his
detention.
3. Respondents must provide a notice of compliance within three days of
releasing petitioner or providing him a bond hearing.
4. Any pending motions are denied as moot and the clerk of court shall enter
judgment in petitioner’s favor and close this case.
Dated this 29th day of January, 2026.
Case 2:26-cv-00481-KML--JFM Document 8 Filed 01/29/26 Page 2 of 2