Abdala Baker v. Gordon et al

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25-cv-03539-CAB-SBC
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
HATIM ABDEL MONGY ABDALA
BAKER,
Petitioner,
v.
KRISTI NOEM, et al.,
Respondents.
Case No.: 25-cv-03539-CAB-SBC
ORDER REQUIRING A BOND
HEARING
[Doc. No. 1]
Pending before the Court is a petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2241 filed by Hatim Abdel Mongy Abdala Baker (“Petitioner”). 	[Doc. No. 1
(“Petition”).] 	Petitioner 	claims 	that 	he 	is 	detained 	by 	Immigration 	and 	Customs
Enforcement (“ICE”) in violation of the Immigration and Nationality Act, the Fifth
Amendment, the injunction in Fraihat v. ICE, Case No. 5:19-cv-01546-JGB-SHK (C.D.
Cal. Apr. 20, 2020), and Section 504 of the Rehabilitation Act. [Id. at 2–3, 8–9.] He seeks
immediate release or, at minimum, a bond hearing. [Id. at 9.]
On December 19, 2025, Respondents filed a response to the Petition stating that final
judgment had been entered in Maldonado Bautista v. Santacruz, No. 5:25-CV-01873-SSS-
BFM, which held unlawful the Department of Homeland Security’s policy requiring
“anyone arrested in the United States and charged with being inadmissible to be considered
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25-cv-03539-CAB-SBC
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an ‘applicant for admission’ under 8 U.S.C. § 1225(b)(2)(A), [and] subject to mandatory
detention under 8 U.S.C. § 1225(b)(2)(A) and not subject to detention under 8 U.S.C.
§ 1226(a).” 	[Doc. No. 4 at 2.] 	Respondents therefore “acknowledge that 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).” [Id.] Petitioner did not file a reply.
The Court thus ORDERS Respondents to provide Petitioner an individualized bond
hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a) and its associated
regulations by January 7, 2026. Respondents are further ORDERED to update this Court
on the status of Petitioner’s bond hearing by January 9, 2026. Once Respondents confirm
Petitioner has received an individualized bond hearing, the Court will dismiss the case.
It is SO ORDERED.
Dated: December 24, 2025
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