Noem

Eleazar Esau Avalos Flores v. Kristi Noem, et al.

Good Law
United States District Court, Southern District of CaliforniaNovember 20, 20253:25-cv-03011California2,553 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ELEAZAR ESAU AVALOS FLORES, Case No. 25-cv-03011-BAS-BLM

Petitioner,

ORDER:

v. (1) GRANTING PETITION FOR KRISTI NOEM, et al.,

WRIT OF HABEAS CORPUS

Respondents. (ECF No. 1);

16 (2) TERMINATING AS MOOT MOTION FOR TEMPORARY

RESTRAINING ORDER

18 (ECF No. 2); AND 19 (3) VACATING HEARING

Petitioner Eleazar Esau Avalos Flores filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 claiming he was improperly detained by Immigration and Customs Enforcement (“ICE”) without bond pending adjudication of his immigration matter. (Pet., ECF No. 1.) Simultaneously, Petitioner filed a Motion for a Temporary Restraining Order (“TRO”) requesting that the Court order that Petitioner have an individualized bond hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a). The Government has responded, arguing: (1) this Court lacks jurisdiction to adjudicate the 1 …

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