Noem
Martina Martin Garcia v. Sergio Albarran, Field Office Director of the San Francisco Immigration and Customs Enforcement Office; Todd Lyons, Acting Director of United States Immigration and Customs Enforcement; Kristi Noem, Secretary of the United States Department of Homeland Security, Pamela Bondi, Attorney General of the United States, acting in their official capacities
Opinion
Trial Court Opinion
I. BACKGROUND
26 According to the record before the Court, Petitioner is an asylum seeker who fled to the 27 United States from Guatemala in April 2024. Pet. for Writ of Habeas Corpus ¶ 1, ECF. No. 1 ¶ 1. When Petitioner arrived in the United States, she was “released on her own recognizance and was placed in INA section 240 (8 U.S.C. 1229a) removal proceedings.” Id. ¶ 2. Since then, “she has complied with her supervision conditions, including checking in regularly with ICE’s Intensive Supervision Appearance Program (‘ISAP’),” and “has never missed an in-person ISAP or ICE check-in.” Id. ¶¶ 3, 28. Petitioner “has no criminal history and no prior entries into the United States.” Id. ¶ 3. Petitioner “received a removal order on June 24, 2025, and filed an appeal with the Board of Immigration Appeals (‘BIA’) that same day.” Id. ¶ 4. Under 8 C.F.R. § 1003.6(a), the appeal stays Petitioner’s removal until the BIA renders a final decision in her case. Because Petitioner’s appeal is “still awaiting adjudication and has no final set date for a decision,” Petitioner is not subject to a final removal order. See Mayo v. Semaia, 2025 WL…