Chach-Ciprian
Rolando Chach-Ciprian v. Kristi Noem; Todd Lyons; Patrick Divver; Christopher Larose; Sirce Owens; Pamela Bondi
Opinion
Trial Court Opinion
I. BACKGROUND
24 Petitioner, a native of Guatemala, entered the United States in 2013 without 25 inspection. ECF No. 1 ¶ 31. On August 3, 2025, Petitioner was apprehended in Maryland 26 by Immigration and Custom Enforcement (“ICE”) while he was on his way to work. Id. 27 ¶ 35. He is currently being detained at the Otay Mesa Detention Center. Id. ¶ 37. 28 Removal proceedings are now pending for Petitioner before Otay Mesa Immigration Court. Id. ¶ 37. On September 19, 2025, Petitioner states that he was given a bond redetermination hearing, but the Immigration Judge denied the request on the basis that it lacked jurisdiction to redetermine bond under Matter of Yajure-Hurtado, 29 I&N Dec. 216 (BIA 2025). Id. ¶ 40. 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. ¶¶ 43- 49. 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. II. LEGAL STANDARD A writ of habeas corpus is “available…