LaRose
Marco Antonio Mancilla Ruiz v. Christopher J. Larose, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARCO ANTONIO MANCILLA RUIZ, Case No. 25-cv-02714-BAS-SBC
Petitioner,
ORDER GRANTING PETITION
v. FOR WRIT OF HABEAS CORPUS (ECF No. 1) CHRISTOPHER J. LAROSE, et al.,
Respondents.
18 Petitioner Marco Antonio Mancilla Ruiz filed a 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. 1.) He requests an immediate bond hearing. (Id.) The Government has responded, arguing: (1) this Court lacks jurisdiction to adjudicate the Petition under 8 U.S.C. §§ 1252(g) and 1252(b)(9); and (2) 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. 7.) For the reasons stated below, the Court GRANTS the Petition and orders a bond hearing for an individual determination of danger or risk of flight. 28 I. LEGAL…