Christian Javier Calderon Perez v. Luis Rosa, Jr., et al.

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

9 Christian Javier Calderon Perez, No. CV-26-00038-PHX-KML (JZB) 10 Petitioner, ORDER v. Luis Rosa, Jr., et al., 13 Respondents.

15 Petitioner filed a petition under 28 U.S.C. § 2241. (Doc. 1.) The petition presents the recurring issue whether a particular individual is subject to mandatory detention under 8 U.S.C. § 1225(b)(2). District courts have split on this issue as set forth in Zepeda v. Noem, CV-25-4236-PHX-KML (JFM), ECF No. 13 at 2–3 (D. Ariz. Dec. 11, 2025). On December 11, 2025, the Seventh Circuit concluded the Department of Homeland Security and U.S. Immigration and Customs Enforcement were “not likely to succeed on the merits of their argument” regarding “mandatory detention under § 1225(b)(2)(A).” Castanon- Nava v. U.S. Dep’t of Homeland Sec., --- F.4th ----, 2025 WL 3552514, at *9 (7th Cir. Dec. 11, 2025). And on December 18, 2025, the Central District of California entered judgment in a class action likely covering petitioner declaring “the Bond Eligible Class members are detained under 8 U.S.C. § 1226(a) and are not subject to mandatory detention under § 1225(b)(2)” and vacating “the Department of Homeland Security policy described in the July 8, 2025, ‘Interim Guidance Regarding Detention Authority for Applicants for Admission’ under the Administrative Procedure Act as not in accordance with law. 5 U.S.C. § 706(2)(A).” Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, Doc. 94 (C.D.

Cal. Dec. 18, 2025).

3 Based on prior decisions in the District of Arizona, the Seventh Circuit’s opinion, 4|| and the final judgment entered by the Central District of California, respondents must show || cause why the petition should not be granted to the extent that petitioner be released or || provided a bond hearing under 8 U.S.C. § 1226.

7 Accordingly, 8 IT IS ORDERED: 9 1. Counsel for petitioner must serve the petition upon respondents.

10 2. If not already issued, the clerk’s office must issue any properly completed 11 summonses.

12 3. The clerk of court must immediately transmit by email a copy of this order and the 13 petition to the United States Attorney for the District of Arizona, to the attention of 14 Katherine Branch at [email protected], Melissa Kroeger at 15 [email protected], Lon Leavitt at [email protected], and Theo 16 Nickerson at Theo.Nickerson2 @usdoj.gov.

17 4. Respondents must show cause no later than January 9, 2026 why the petition 18 should not be granted. Petitioner may file a reply no later than January 12, 2026.

19 Dated this 7th day of January, 2026.

Honorable Krissa M. Lanham 23 United States District Judge _2-