Bentanco
Edgar Betanco v. Patrick Divver, Field Office Director of Enforcement and Removal Operations, San Diego Field Office; et al.
Opinion
Trial Court Opinion
BACKGROUND
25 Petitioner is a Nicaraguan national who last entered the United States on December 26 12, 2018. Pet. ¶ 20. On January 14, 2019, Petitioner underwent a credible fear interview, 27 received a positive determination, was placed in removal proceedings under INA Section 240, and was released on bond from immigration custody. Id. ¶ 21; see ECF No. 1-2 at 11.1 Petitioner filed an application for asylum, and on April 5, 2023, the immigration court dismissed his removal proceedings pursuant to an exercise of prosecutorial discretion. Pet. ¶ 22. After his proceedings were dismissed, Petitioner filed an affirmative Form I-589 asylum application, which remains pending. Id. ¶ 23. He has also received employment authorization from USCIS, which is valid through March 15, 2030. Id. On December 11, 2025, Petitioner was arrested detained by Respondents at a military base while working as a delivery driver. Id. ¶ 24. Petitioner was then transferred to the Otay Mesa Detention Center. Id. ¶ 25. He has remained in custody since that time. Id. Petitioner is currently in removal proceedings. See ECF No. 1-2 at 1. On January 15,…