1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MIGUEL CABRERA-TRILLO, Case No.: 3:25-cv-02865-CAB-MSB

12 Petitioner, ORDER DISMISSING PETITION 13 v. FOR A WRIT OF HABEAS CORPUS 14 KRISTI NOEM, et. al.,

Respondents. 15 [Doc. No. 1] 16 17 Before the Court is Miguel Cabrera-Trillo’s (“Petitioner”) petition for a writ of 18 habeas corpus under

. [Doc. No. 1 (“Petition”).] For the following 19 reasons, the Court DISMISSES the Petition and ORDERS the case closed. 20 The Court’s previous order on Petitioner’s request for a temporary restraining order 21 (“TRO”) details Petitioner’s immigration history, which the Court will not repeat here. 22 [Doc. No. 11.] On November 18, 2025, the Court granted Petitioner’s TRO under 23 Zadvydas v. Davis,

(2001) because Petitioner had spent almost two years in 24 immigration detention since he received a final order of removal in 1997. [Doc. No. 9-1 25 at ¶¶ 5–8.] After Petitioner’s release, Respondents notified Petitioner of the intent to 26 remove him to Mexico and requested that he report to Immigrations and Customs 27 Enforcement (“ICE”) on December 8, 2025 for removal proceedings. [See Doc. No. 13 at 28 3; Doc. No. 18 at 1.] 1 The Court held a hearing on the Petition on December 2, 2025. The Court deferred 2 |{a decision until the parties submitted a status update after December 8, 2025, when the 3 || Petitioner was ordered to report to ICE for removal. On December 11, 2025, Respondents 4 || notified the Court that “Petitioner failed to report as required on December 8, 2025.” [Doc. 5 18 at 1.] 6 The writ of habeas corpus is “available to every individual detained within the 7 || United States.” Hamdi v. Rumsfeld,

(2004). The writ is available to 8 ||non-citizens detained within the United States. See Zadvydas v. Davis,

, 687 9 ||(2001). “[T]he traditional function of the writ is to secure release from illegal 10 || custody.” Preiser v. Rodriguez,

(1973). “The writ of habeas corpus 11 not extend to a prisoner unless . . . [h]e is in custody in violation of the Constitution 12 || or law or treats of the United States[.]”

(c)(3) (emphasis added). Given 13 || Petitioner is no longer in custody, the Court DISMISSES the Petition and ORDERS the 14 || Clerk of Court to close the case. 15 Itis SO ORDERED. 16 17 18 Dated: December 12, 2025 © 19 Hon. Cathy Ann Bencivengo 20 United States District Judge 21 22 23 24 25 26 27 28