Nery Godinez Sales v. Warden, Otay Mesa Detention Center, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 NERY GODINEZ SALES, Case No. 25-cv-03125-BAS-BJW
Petitioner,
ORDER GRANTING PETITION
v. FOR WRIT OF HABEAS CORPUS (ECF No. 1) WARDEN, OTAY MESA DETENTION CENTER, et al., 17 Respondents.
19 Petitioner Nery Godinez Sales filed a Petition for Writ of Habeas Corpus pursuant to U.S.C. § 2241, claiming he was improperly detained without bond pending adjudication of his immigration matter. (ECF No. 1.) He requests that he be given a bond hearing. (Id.) The Government has responded arguing: (1) 8 U.S.C. §§ 1252(g) and 1252(b)(9) strip this Court of jurisdiction; and (2) Petitioner is ineligible for bond and subject to mandatory detention as an “applicant for admission” under U.S.C. § 1225(b)(2). (ECF No. 5.) Petitioner filed a Supplemental Status Report. (ECF No. 9.) For the reasons stated below, and after oral argument, the Court GRANTS the Petition and orders Petitioner be granted a bond…