(HC) Pacheco Yriza v. Mullin et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JESUS EMILIANO P.Y.,1
Petitioner,
v.
MARKWAYNE MULLIN, et al.,
Respondents.
No. 1:26-cv-08095-TLN-CKD
A# 240-373-870
RELEASE ORDER
Petitioner filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.
The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B)
and Local Rule 302.
On October 8, 2026, the magistrate judge filed findings and recommendations herein
which were served on all parties and which contained notice to all parties that any objections to
the findings and recommendations were to be filed within seven days. (ECF No. 8.) Respondents
objected to the findings and recommendations “[f]or the reasons set forth in Respondents’
previous briefing.” (ECF No. 9.)
1 The Court omits Petitioner’s full name to protect sensitive personal information. See
Memorandum Re: Privacy Concern Regarding Social Security and Immigration Opinions,
Committee on Court Administration and Case Management, Judicial Conference of the United
States (May 1, 2018), https://www.uscourts.gov/sites/default/files/18-cv-l-
suggestion_cacm_0.pdf.
Case 1:26-cv-08095-TLN-CKD Document 10 Filed 10/14/26 Page 1 of 2

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
Court finds the findings and recommendations to be supported by the record and by proper
analysis.
Accordingly, IT IS HEREBY ORDERED:
1. The findings and recommendations (ECF No. 8) are ADOPTED in full.
2. The Petition for Writ of Habeas Corpus (ECF No. 1) is GRANTED.
3. Respondents are ordered to IMMEDIATELY RELEASE Petitioner Jesus Emiliano
P.Y. (A# 240-373-870) from custody under same conditions as his prior release. Respondents
may not impose any new conditions unless determined to be necessary at a future pre-deprivation
hearing. At the time of release, Respondent must return all of Petitioner’s documents and
possessions.
4. Respondents are ENJOINED from re-detaining Petitioner, while subject to 8
U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a
minimum of seven-days’ notice and a pre-deprivation hearing before a neutral factfinder where
the government must establish by clear and convincing evidence that its interest in protecting the
public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner’s
constitutionally protected interest in remaining free from detention such that no alternative to
detention can mitigate that risk. See Zadvydas v. Davis, 533 U.S. 678, 690 (2001); Hernandez v.
Sessions, 872 F.3d 976, 990 (9th Cir. 2017). At any such hearing, Petitioner shall be allowed to
have counsel present.
5. The Clerk of the Court is directed to serve this Order on Central Valley Annex
Detention Facility, enter judgment in favor of Petitioner, and close this case.
IT IS SO ORDERED.
Date: October 13, 2026
___________________________________
TROY L. NUNLEY
CHIEF UNITED STATES DISTRICT JUDGE
Case 1:26-cv-08095-TLN-CKD Document 10 Filed 10/14/26 Page 2 of 2