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