1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 LOANI RODRIGUEZ-GUTIERREZ, Case No. 25-cv-02726-BAS-SBC

12 Petitioner, ORDER: 13 v. (1) GRANTING PETITION FOR 14 KRISTI NOEM, et al., WRIT OF HABEAS CORPUS 15 Respondents. (ECF No. 1); AND

16 (2) GRANTING MOTION FOR 17 INJUNCTIVE RELIEF (ECF No. 4) 18

19

20 Petitioner Loani Rodriguez-Gutierrez filed a Petition for Writ of Habeas Corpus 21 pursuant to

, as well as a Motion for Injunctive Relief. (ECF Nos. 1, 4.) 22 After the Petition was fully briefed, the Court held a hearing on the Petition. 23 For the reasons expressed at the hearing, the Court GRANTS the Petition and the 24 Motion for Injunctive Relief. Specifically, the Court finds Petitioner’s detention violates 25 Zadvydas v. Davis,

(2001), because there is no reasonable likelihood of 26 removal in the reasonably foreseeable future. The Court also finds that Petitioner’s 27 detention violated the regulatory requirements for re-detention. See

. 28 Accordingly, the Court issues the following writ: 1 The Court ORDERS Respondents to immediately release Petitioner Loani 7 Rodriguez-Gutierrez, A073-230-020, from custody under the same conditions of release that existed before his re-detention. 3 4 || The Court also finds it appropriate to grant permanent injunctive relief as follows: 5 Respondents are PROHIBITED from removing Petitioner Loani Rodriguez- 6 Gutierrez, A073-230-020, to any country other than Cuba without providing Petitioner with notice and an opportunity to be heard. 7 Respondents are PROHIBITED from re-detaining Petitioner Loani Rodriguez-Gutierrez, A0Q73-230-020, unless there has been a change in 9 circumstances that creates a reasonable likelihood of his removal in the 10 reasonably foreseeable future. 11 The Clerk of Court shall close the case. 12 IT IS SO ORDERED. 13 14 || DATED: November 7, 2025 15 Hon. Cynthia Bashant, Chief Judge United States District Court 16 17 18 19 20 21 22 23 24 25 26 27 28 ~_9_