Fedlin Devilmar v. U.S. Immigration and Customs Enforcement ICE; and Otay Mesa...

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA FEDLIN DEVILMAR, Case No.: 3:26-cv-0009-JES-MSB 12 Petitioner, ORDER GRANTING PETITION FOR v. WRIT OF HABEAS CORPUS PURSUANT TO 8 U.S.C. § 2241 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ICE; AND OTAY [ECF No. 1] MESA DETENTION CENTER 17 Respondents.

26 Before the Court is Petitioner Fedlin Devilmar’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 1. Pursuant to the Court’s Order to Show Cause, Respondents filed a Response to the Petition. ECF No. 4.

1 DISCUSSION 2 A. Jurisdiction 3 In the Response to the Petition, Respondents argue that this Court lacks jurisdiction over this Petition because Petitioner failed to name the warden of Otay Mesa Detention Center as a Respondent. ECF No. 4 at 2. This issue has recently addressed by the undersigned in Guatam v. Corr. Corp of Am., No. 3:25-CV-3600-JES-DEB, 2026 WL 7 25846, at *2 (S.D. Cal. Jan. 5, 2026). Therefore, the Court elects to follow its reasoning in Guatam and incorporates it by reference. 2026 WL 25846, at *2.

9 In light of Petitioner’s pro se status and the liberty interests at issue, the Court finds it prudent to follow suit of its sister courts and address the Petition on the merits rather than dismiss the Petition.

12 B. Petitioner is a Maldonado Bautista Class Member 13 Respondents acknowledged that Petitioner must be considered detained under 8 14 U.S.C. § 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.

16 Cal. Nov. 20, 2025). Accordingly, the Court GRANTS the Petition as follows: 17 (1) The Court ORDERS Respondents to provide Petitioner with a bond 18 determination hearing under 8 U.S.C. § 1226(a) within ten days of this 19 Order. At the hearing, Respondents may not deny Petitioner bond on the 20 basis that he is detained under 8 U.S.C. § 1225(b)(2); and 21 (2) Respondents are ORDERED to File a Notice of Compliance within five 22 days of providing Petitioner with a bond redetermination hearing, 23 including apprising the Court of the results of the hearing; and 24 (3) The Clerk of Court is DIRECTED to CLOSE the suit after receipt of 25 Respondents’ Notice.

26 // // // I IT IS SO ORDERED.

2 || Dated: January 16, 2026 4 Honorable James E. Simmons Jr. 5 United States District Judge