Jorge Pedroza Rodriguez v. Kristi Noem, et al.

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

9 Jorge Pedroza Rodriguez, No. CV-26-00481-PHX-KML (JFM) 10 Petitioner, ORDER v. Kristi Noem, et al., 13 Respondents.

15 Petitioner filed this action challenging his immigration detention. A district court in the Central District of California recently certified a class that includes petitioner. Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, 2025 WL 3288403, at *1 (C.D. Cal. Nov.

18 25, 2025). On December 18, 2025, the Bautista court entered judgment under Rule 54(b) 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, Document 94 (C.D. Cal. Dec. 18, 2025). In their response to the court’s order to show cause, respondents acknowledge “insofar as the Petition challenges Respondents’ detention of Petitioner pursuant to 8 U.S.C. § 1225(b)(2)(A), Petitioner appears to be a member of the Bond Eligible Class.” (Doc. 7 at 6.) Pursuant to that judgment, petitioner is entitled to be released from custody or provided a bond || redetermination hearing within seven days. But in the alternative, the court’s review of the petition confirms he is entitled to relief regardless of Bautista and the court grants relief || based on its independent view that his detention is governed by § 1226 and not § 1225.

4 IT IS ORDERED: 5 1. Petitioner’s petition for writ of habeas corpus (Doc. 1) is granted.

6 2. Respondents must provide petitioner a bond redetermination hearing within || seven days or release him from custody under the same conditions that existed before his || detention.

9 3. Respondents must provide a notice of compliance within three days of || releasing petitioner or providing him a bond hearing.

11 4. Any pending motions are denied as moot and the clerk of court shall enter || judgment in petitioner’s favor and close this case.

13 Dated this 29th day of January, 2026.

Honorable Krissa M. Lanham 17 United States District Judge -2-