Bondi

Fidel Arias Torres v. Pam Bondi, et al.

Good Law
United States District Court, Southern District of CaliforniaNovember 18, 20253:25-cv-02457California2,834 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FIDEL ARIAS TORRES, Case No. 25-cv-02457-BAS-MSB

Petitioner,

ORDER GRANTING SECOND

v. AMENDED PETITION FOR WRIT OF HABEAS CORPUS (ECF No. 14) PAM BONDI, et al.,

Respondents.

18 Petitioner Fidel Arias Torres filed a Second Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, claiming he was improperly detained without bond pending adjudication of his immigration matter. (ECF No. 14.) He requests immediate release on bond. (Id.) The Government has responded, arguing: (1) the Petition is moot to the extent it is challenging a stay pending appeal to the Board of Immigration Appeals (“BIA”); (2) this Court lacks jurisdiction to adjudicate the Petition under U.S.C. §§ 1252(g) and 1252(b)(9); and (3) Petitioner is ineligible for bond and subject to mandatory detention as an “applicant for admission” under 8 U.S.C. § 1225(b)(2)(A). (ECF No. 15.) For the…

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