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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

12 Petitioner,

ORDER FOR SUPPLEMENTAL BRIEFING

13 v. 14 CURRENT OR ACTING FIELD OFFICE

DIRECTOR, SAN FRANCISCO FIELD

15 OFFICE, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., 16 Respondents. 17 18 Petitioner is an immigration detainee proceeding pro se with a petition for writ of habeas 19 corpus pursuant to 28 U.S.C. § 2241 challenging his prolonged detention without a bond hearing. 20 Congress has enacted a complex statutory scheme governing the detention of noncitizens 21 during removal proceedings and following the issuance of a final order of removal. “Where an 22 alien falls within this statutory scheme can affect whether his detention is mandatory or 23 discretionary, as well as the kind of review process available to him if he wishes to contest the 24 necessity of his detention.” Prieto-Romero v. Clark, 534 F.3d 1053, 1057 (9th Cir. 2008). 25 At the time the petition was filed, Petitioner was detained pursuant to 8 U.S.C. § 1226(c), 26 which “applies throughout…