Yojelsy David Colmenares Mendoza v. Field Office Director, U.S. Immigration and...

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA YOJELSY DAVID COLMENARES Case No.: 3:26-cv-11-JES-VET MENDOZA, ORDER FOR BOND HEARING Petitioner, v. FIELD OFFICE DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, SAN DIEGO; and WARDEN, OTAY MESA DETENTION CENTER, Respondents.

20 Before the Court is Petitioner Yojelsy David Colmenares Mendoza’s (“Petitioner”) Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 1. Pursuant to the Court’s OSC order, Respondents filed a response. ECF No. 4. In the response, Respondents acknowledged that Petitioner must be considered detained under 8 U.S.C. § 24 1226(a), pursuant to the final judgment entered in Maldonado Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, --- F. Supp. 3d ---, 2025 WL 3289861 (C.D. Cal. Nov. 20, 2025). Accordingly, the Court GRANTS IN PART the petition as follows: 27 // 1 (1) The Court ORDERS Respondents to provide Petitioner with a bond 2 determination hearing under 8 U.S.C. § 1226(a) within ten days of this Order.

3 At the hearing, Respondents may not deny Petitioner bond on the basis that 4 he is detained under 8 U.S.C. § 1225(b)(2); and 5 (2) Respondents are ORDERED to File a Notice of Compliance within five days 6 of providing Petitioner with a bond redetermination hearing, including 7 apprising the Court of the results of the hearing.

8 ||In addition, Petitioner raises a due process violation and as an alternative to bond, also requests release from custody. ECF No. | at 3-4. Respondents’ return does not address any ||issues other than Maldonado Bautista’s application to the case. See ECF No. 4.

11 || Accordingly, the Court ORDERS Respondents to file a supplemental brief, addressing any ||remaining arguments they wish to raise in response to the petition by January 16, 2025.

13 IT IS SO ORDERED.

14 || Dated: January 12, 2026 15 “| or 16 Honorable James E. Sunmons Jr. 7 United States District Judge