Martinez Jimenez v. Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement

INTRODUCTION

14 Petitioner, proceeding pro se, filed a petition for a writ of habeas corpus under 28 U.S.C. 15 § 2241 seeking relief from his continued detention by the United States Department of Homeland 16 Security (DHS) and Immigration and Customs Enforcement (ICE) pending removal proceedings 17 without a bond hearing. (ECF No. 1.) Petitioner has consented to the jurisdiction of a United 18 States Magistrate Judge. (ECF No. 5.) He is granted leave to proceed in forma pauperis, and his 19 motion for appointment of counsel is granted. (ECF Nos. 2, 3.) For the reasons stated below, 20 respondent is ordered to show cause why the petition should not be granted. 21

DISCUSSION

22 A. Background 23 The following facts come from the petition. Petitioner is a noncitizen who served 26 years 24 in the custody of the California Department of Corrections and Rehabilitation. (ECF No. 1 at 3 25 ¶ 15, 5 ¶ F.)1 He has been detained by DHS since October 11, 2022, pending his removal 26 27 1 proceedings. (ECF No. 3 at 1.) He was transferred to Golden State Annex in Macfarland, 2 California, an ICE facility. (ECF No. 1 at 1 ¶ 1.) 3 B. Standard of review 4 District…