1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 YOJELSY DAVID COLMENARES Case No.: 3:26-cv-11-JES-VET

MENDOZA,

12

ORDER FOR BOND HEARING

Petitioner, 13 v. 14

FIELD OFFICE DIRECTOR, U.S.

15

IMMIGRATION AND CUSTOMS

16 ENFORCEMENT, SAN DIEGO; and

WARDEN, OTAY MESA DETENTION

17

CENTER,

18 Respondents. 19

20 Before the Court is Petitioner Yojelsy David Colmenares Mendoza’s (“Petitioner”) 21 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 1. Pursuant to 22 the Court’s OSC order, Respondents filed a response. ECF No. 4. In the response, 23 Respondents acknowledged that Petitioner must be considered detained under 8 U.S.C. § 24 1226(a), pursuant to the final judgment entered in Maldonado Bautista v. Santacruz, No. 25 5:25-CV-01873-SSS-BFM, --- F. Supp. 3d ---, 2025 WL 3289861 (C.D. Cal. Nov. 20, 26 2025). Accordingly, the Court GRANTS IN PART the petition as follows: 27 // 28 1 (1) The Court ORDERS Respondents to provide Petitioner with a bond 2 determination hearing under 8 U.S.C. § 1226(a) within ten days of this Order. 3 At the hearing, Respondents may not deny Petitioner bond on the basis that 4 he is detained under 8 U.S.C. § 1225(b)(2); and 5 (2) Respondents are ORDERED to File a Notice of Compliance within five days 6 of providing Petitioner with a bond redetermination hearing, including 7 apprising the Court of the results of the hearing. 8 ||In addition, Petitioner raises a due process violation and as an alternative to bond, also 9 requests release from custody. ECF No. | at 3-4. Respondents’ return does not address any 10 ||issues other than Maldonado Bautista’s application to the case. See ECF No. 4. 11 || Accordingly, the Court ORDERS Respondents to file a supplemental brief, addressing any 12 ||remaining arguments they wish to raise in response to the petition by January 16, 2025. 13 IT IS SO ORDERED. 14 || Dated: January 12, 2026 15 “| or 16 Honorable James E. Sunmons Jr. 7 United States District Judge 18 19 20 21 22 23 24 25 26 27 28