Rodriguez-Gutierrez
Loani Rodriguez-Gutierrez v. Kristi Noem, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 LOANI RODRIGUEZ-GUTIERREZ, Case No. 25-cv-02726-BAS-SBC
Petitioner,
ORDER:
v. (1) GRANTING PETITION FOR KRISTI NOEM, et al.,
WRIT OF HABEAS CORPUS
Respondents. (ECF No. 1); AND
16 (2) GRANTING MOTION FOR INJUNCTIVE RELIEF (ECF No. 4)
Petitioner Loani Rodriguez-Gutierrez filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, as well as a Motion for Injunctive Relief. (ECF Nos. 1, 4.) After the Petition was fully briefed, the Court held a hearing on the Petition. For the reasons expressed at the hearing, the Court GRANTS the Petition and the Motion for Injunctive Relief. Specifically, the Court finds Petitioner’s detention violates Zadvydas v. Davis, 533 U.S. 678 (2001), because there is no reasonable likelihood of removal in the reasonably foreseeable future. The Court also finds that Petitioner’s detention violated the regulatory requirements for…