Gustavo Castaneda Hernandez v. Kristi Noem, et al.

1 WO 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Gustavo Castaneda Hernandez, No. CV-25-04786-PHX-KML (JFM) 10 Petitioner, ORDER v. Kristi Noem, et al., 13 Respondents.

15 In responding to the order to show cause, respondents concede petitioner is a member of the class certified in Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, --- F. Supp. 3d ----, 2025 WL 3713987 (C.D. Cal. Dec. 18, 2025). (Doc. 6 at 1.) Respondents then argue petitioner “appears to be subject to the Bautista final judgment and to any applicable appellate proceedings relating to it.” (Doc. 6 at 1-2.) The court construes respondents’ filing as a concession that petitioner is entitled to a bond hearing.

21 IT IS ORDERED: 22 1. Petitioner’s petition for writ of habeas corpus (Doc. 1) is granted.

23 2. Within ten days of this order respondents must either release petitioner or provide a 24 bond hearing without regard to Matter of Yajure Hurtado.

25 / / / / 1 3. Respondents must provide a notice of compliance within five days.

2 4. The clerk of court shall enter judgment in petitioner’s favor and close this 3 case.

4 Dated this 2nd day of January, 2026.

7 UW da M.A Honorable Krissa M. Lanham 8 United States District Judge _2-