Albarran

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OSCAR GERARDO SOLANO No. 1:25-cv-01533-DJC-AC

MORILLO,

12

13 Plaintiff,

ORDER

14 v. 15 SERGIO ALBARRAN, et al., 16 Defendants. 17 Petitioner is a 70-year-old noncitizen, who entered the United States in 2006. 18 On November 7, 2025, Petitioner appeared for an adjustment of status interview, and 19 United States Immigration and Customs Enforcement (“ICE”) officers detained him, 20 purportedly pursuant to 8 U.S.C. § 1225(b). Petitioner is presently in ICE custody. 21 On November 11, 2025, Petitioner filed a Petition for a Writ of Habeas Corpus 22 along with a Motion for Temporary Restraining Order, arguing that he cannot lawfully 23 be detained pursuant to this statute and that his present detention violates his due 24 process rights and the Administrative Procedure Act. 25 In the numerous cases, district courts in this Circuit have applied a similar 26 approach. Based on the substantial weight of this authority and for the reasons stated 27 below, the Court grants Petitioner’s Motion for Temporary…