Andrea Romero-Suarez v. Patrick Divver, Field Office Director of Enforcement...

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA ANDREA ROMERO-SUAREZ, Case No.: 25cv3789-LL-KSC 12 Petitioner, ORDER GRANTING PETITION v. FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 PATRICK DIVVER, Field Office Director of Enforcement and Removal 15 [ECF No. 1] Operations, San Diego Field Office, Immigration and Customs Enforcement, et al., Respondents.

Before the Court is Petitioner Andrea Romero-Suarez’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 1 (“Pet.”). Respondents filed a Response in which they acknowledge that (1) Petitioner is a member of the Bond Eligible Class certified in Maldonado Bautista v. Santacruz, No. 5:25-cv-01873-SSS-BFM, 2025 WL 3288403 (C.D. Cal. Nov. 25, 2025); (2) a final judgment has been entered as to the Bond Eligible Class; and (3) per the entry of final judgment, Petitioner is detained under 8 U.S.C. § 1226(a) and is entitled to an order from this Court directing a bond hearing be held pursuant to 8 U.S.C. § 1226(a). ECF No. 4; Maldonado Bautista v. Noem, / / / 1 5:25-CV-01873-SSS-BFM, 2025 WL 3678485, at *1 (C.D. Cal. Dec. 18, 2025) (entering final judgment for members of the Bond Eligible Class).!

3 Accordingly, the Court ORDERS as follows: 4 1. Petitioner’s Petition for Writ of Habeas Corpus is GRANTED. ” 5 2. Respondents shall provide Petitioner with an individualized bond hearing || before an immigration judge pursuant to 8 U.S.C. § 1226(a) within seven (7) days of the || date of this order.

8 3. The Clerk of Court shall enter judgment in Petitioner’s favor and close this || case.

10 IT IS SO ORDERED.

11 Dated: January 7, 2026 NO 12 QF 13 Honorable Linda Lopez 4 United States District Judge || 24 Subsequent to entry of judgment, the respondents in Maldonado Bautista filed a Notice ||of Appeal. However, the Ninth Circuit has held the filing of an appeal does not suspend the preclusive effect of a lower court judgment. Hawkins v. Risley, 984 F.2d 321, 324 (9th Cir. 1993) (citations omitted).

In her prayer for relief, Petitioner requests attorney’s fees and costs under the Equal Access to Justice Act, which the Court DENIES without prejudice.