(HC) Lopez-Alvarenga v. Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DAVID ALONZO LOPEZ-ALVARENGA, Case No. 1:24-cv-00775-EPG-HC

Petitioner,

ORDER FOR SUPPLEMENTAL BRIEFING

v. CURRENT OR ACTING FIELD OFFICE

DIRECTOR, SAN FRANCISCO FIELD

OFFICE, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., 16 Respondents. 17 Petitioner is an immigration detainee proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging his prolonged detention without a bond hearing. Congress has enacted a complex statutory scheme governing the detention of noncitizens during removal proceedings and following the issuance of a final order of removal. “Where an alien falls within this statutory scheme can affect whether his detention is mandatory or discretionary, as well as the kind of review process available to him if he wishes to contest the necessity of his detention.” Prieto-Romero v. Clark, 534 F.3d 1053, 1057 (9th Cir. 2008). At the time the petition was filed, Petitioner was detained pursuant to 8 U.S.C. § 1226(c), which “applies throughout…