Becerra

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BENJAMIN DIAZ OROPEZA, Case No. 22-cv-09126-DMR

Plaintiff,

ORDER GRANTING PETITION FOR

v. WRIT OF HABEAS CORPUS

MOISES BECERRA, et al., Re: Dkt. Nos. 1, 13 Defendants.

Petitioner Benjamin Diaz Oropeza (“Diaz”) is a noncitizen from Mexico who is currently in Immigration and Customs Enforcement (“ICE”) custody pending the conclusion of his removal proceedings. Respondents are Moises Becerra, Field Office Director of ICE’s San Francisco Field Office; Tae D. Johnson, Acting Director of ICE; Alejandro Mayorkas, Secretary of the Department of Homeland Security (“DHS”); and Merrick B. Garland, the United States Attorney General. On December 27, 2022, Diaz filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in which he asks the court to order his release from custody within 14 days unless Respondents schedule an individualized custody hearing at which “ICE must establish by clear 20 and convincing evidence…