Ortega-Rangel

Plaintiff Maria Ortega Rangel is a citizen of Mexico who has been residing in the United States for 18 years. In January *997 2018, Ms. Ortega had her first encounter with law enforcement after a valid search of her home resulted in the seizure of heroin. Ms. Ortega admitted she had knowledge of the controlled substance but stated it belonged to her partner who was not home at the time of the search. Upon release from state custody Ms. Ortega was detained by Immigration and Customs Enforcement ("ICE"). Now pending before the Court is Ms. Ortega's petition for writ of habeas corpus. Having carefully reviewed the parties' initial and supplemental briefing and having had the benefit of oral argument on April 17, 2018, the Court GRANTS Ms. Ortega's petition for the reasons set forth below.

FACTUAL BACKGROUND

Ms. Ortega is a 51-year old woman from Mexico. (Dkt. No. 6-1 at 5.) In 2000 she entered the United States without lawful admission near Nogales, Arizona. ( Id. at 7.) She has a nine-year old daughter who is a U.S. citizen and two adult sons who were born in Mexico. (Dkt. No. 8-1 ¶ 3.; 6-1 at 7.) On January 23, 2018, Alameda County detectives executed a search warrant of Ms.…