Jauregui Quintero v. Noem et al

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25cv3769-GPC(BLM)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JOSE MANUEL JAUREGUI
QUINTERO,
Petitioner,
v.
Kristi NOEM, in her official capacity as
Secretary of Homeland Security,
Christopher J. LAROSE, in his official
capacity as Warden of Otay Mesa
Detention Center, Gregory J.
ARCHAMBEAULT, in his official
capacity as San Diego Field Office
Director, ICE Enforcement Removal
Operations; Todd LYONS, in his official
capacity as Acting Director of ICE; and
Pamela BONDI, U.S. Attorney General;
IMMIGRATION AND CUSTOMS
ENFORCEMENT; DEPARTMENT OF
HOMELAND SECURITY,
Respondents.
Case No.: 25cv3769-GPC(BLM)
ORDER GRANTING IN PART
PETITION FOR WRIT OF HABEAS
CORPUS
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25cv3769-GPC(BLM)
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On December 24, 2025, Jose Manuel Jauregui Quintero (“Petitioner”) filed a
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 seeking to be released
from his unlawful detention at the Otay Mesa Detention Facility. (Dkt. No. 1, Pet.)
Respondents filed a response on December 31, 2025. (Dkt. No. 4.) Based on the
reasoning below, the Court GRANTS in part the petition for writ of habeas corpus and
VACATES the hearing set on January 9, 2026.
Discussion
Petitioner, a 44-year-old Mexican national, last entered the United States on
September 25, 1998. (Dkt. No. 1, Pet. 1.) On December 11, 2025, the Immigration
Judge denied his request for custody redetermination concluding that the court lacked
jurisdiction to set a bond hearing under Matter of Yajure Hurtado, 29 I&N 216 (BIA
2025). (Dkt. No. 1-2, Pet., Ex. A.)
On December 19, 2025, Petitioner was detained at the Otay Mesa Detention Facility
pending removal proceedings. (Id. ¶¶ 2, 4.) Petitioner’s next master hearing has yet to be
scheduled. (Id. ¶ 19.) Petitioner alleges his detention violates the Immigration and
Nationality Act (“INA”) as he is being held under 8 U.S.C. § 1225(b) rather than 8 U.S.C.
§ 1226(a), and his procedural due process rights under the Fifth Amendment. (Id. ¶ 20.)
In response to the order to show cause, Respondents acknowledge that pursuant to
Maldonado Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, --- F. Supp. 3d --, 2025
WL 3289861 (C.D. Cal. Nov. 20, 2025), amended and superseded by reconsideration by
–F. Supp. 3d--, 2025 WL 3713987 (Dec. 18, 2025), Petitioner is detained under 8 U.S.C.
§ 1226(a) and is entitled to a court ordered bond hearing. (Dkt. No. 4 at 2.1) As such, the
Court grants the petition in part. To the extent Petitioner requests release, such a request
is premature. Section 1226 requires only consideration of release on bond, and a bond
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hearing is therefore sufficient to correct Respondents’ ongoing violation of the INA as to
Petitioner. See 8 U.S.C. § 1226(a).
Accordingly, the Court GRANTS in part the petition for writ of habeas corpus under
28 U.S.C. § 2241. If Respondents fail to comply with this order, Petitioner may seek
further relief from the Court at that time.
The Court ORDERS Respondents to provide Petitioner with a bond hearing under
8 U.S.C. § 1226(a) within ten (10) days of this Order.2 Respondents are ORDERED to
FILE a Notice of Compliance within ten days of providing Petitioner with a bond hearing.
The Clerk of Court SHALL enter judgment in Petitioner's favor and close this case.
IT IS SO ORDERED.
Dated: January 2, 2026
2 In his prayer for relief, Petitioner requests an award of costs and reasonable attorney’s fees. (Dkt. No.
1 at 10.) Petitioner’s counsel may submit an appropriate EAJA fee application within 30 days of the
issuance of this Order.
eG~p~gUnited States District Judge
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