Cortez-Hernandez
Oscar Cortez-Hernandez v. Kristi Noem; Christopher J. LaRose; Gregory J. Archambeault; Todd Lyons; Pamela Bondi; Immigration and Customs Enforcement; and Department of Homeland Security
Opinion
Trial Court Opinion
I. BACKGROUND
26 Petitioner, a native of Mexico, entered the United States in 2002. ECF No. 1 ¶ 16. 27 Since his entry, Petitioner alleges that he has continuously resided in North San Diego 28 County. Id. On August 26, 2025, Petitioner was apprehended by Immigration and Custom Enforcement (“ICE”) after he parked his vehicle at a shopping center. Id. ¶ 17. He is currently being detained at the Otay Mesa Detention Center. Id. ¶ 13. After his detention, on September 23, 2025, Petitioner alleges that he requested a custody redetermination before an Immigration Judge (“IJ”). Id. ¶ 19. On September 30, 2025, the IJ denied the request on the basis that the court lacked jurisdiction to conduct a bond redetermination pursuant to Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). Id. Petitioner alleges in his complaint that he should not be subject to mandatory detention under 8 U.S.C. § 1225(b)(2), and should rather be subject to § 1226(a). Id. ¶¶ 25- 36. As such, his detention without a meaningful bond hearing violates § 1226. He seeks either release or that the Court order a bond hearing pursuant to § 1226. …