Brightman
In the Matter of Yonathan Donaldo Santos Zelaya v. Daniel A. Brightman, in his official capacity as Field Office Director of the Immigration and Customs Enforcement, Enforcement and Removal Operations San Diego Field, Office, et al.
Opinion
Trial Court Opinion
I. Background
25 Petitioner, a citizen of Honduras, brings this Petition for Writ of Habeas Corpus 26 against Respondents arising from the imposition of “more restrictive custody conditions 27 on Petitioner without providing any justification, despite there being no change in 28 circumstances.” Pet. ¶ 5. Petitioner also contends that Respondents “continued custody of Petitioner, and the conditions thereof, violate the Fifth Amendment because the conditions constitute punishment, or alternatively, are excessive relative to their regulatory purpose.” Id. ¶ 6. Specifically, Petitioner contends: [He] was released on bond on or about November 18, 2015 and from that date to present he has been constructively detained through his OSUP [Order of 6 Supervision]. He has been living in the San Diego county, complying with his annual check-ins. No issues surrounding Petitioner’s check-ins have occurred and none have been alleged.
On November 14, 2025, Petitioner was placed in an ATD ISAP [Alternatives to Detention, Intensive Supervision Appearance Program], and, as delineated 10 in ‘Section VI. Factual Allegations,’ the conditions of his…