LaRose
Felipe Rodriguez Gutierrez v. Christopher Larose, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 FELIPE RODRIGUEZ GUTIERREZ, Case No. 25-cv-03310-BAS-AHG
Petitioner,
ORDER GRANTING PETITION
v. FOR WRIT OF HABEAS CORPUS (ECF No. 1) CHRISTOPHER LAROSE, et al., Respondents. 18 19 Petitioner Felipe Rodriguez Gutierrez filed a Petition for Writ of Habeas Corpus pursuant to 28 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 Traverse. (ECF No. 7.) For the reasons stated below, the Court GRANTS the Petition and orders Petitioner be granted a bond hearing before an Immigration Judge. I. …