Marvin Rocael Godinez Garcia v. Jeremy Casey, Warden, Imperial Regional...

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA MARVIN ROCAEL GODINEZ GARCIA, Case No.: 26-cv-187-JES-DEB 12 Petitioner, ORDER GRANTING PETITION FOR v. WRIT OF HABEAS CORPUS PURSUANT TO 8 U.S.C. § 2241 Jeremy CASEY, Warden, Imperial Regional Detention Center, Calexico, California; Daniel A. BRIGHTMAN, [ECF No. 1] Acting Field Office Director, San Diego Office of Detention and Removal, U.S. Immigrations and Customs Enforcement; Todd M. LYONS, Acting Director, Immigration and Customs Enforcement, U.S. Department of Homeland Security; Sirce OWEN, Acting Director for Executive Office for Immigration Review; Kristi NOEM, Secretary, U.S. Department of Homeland Security; Pam BONDI, Attorney General of the United States, Respondents.

25 Before the Court is Petitioner Marvin Rocael Godinez Garcia’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, which was filed on January 13, 2026. ECF No. 1. Pursuant to the Court’s Order to Show Cause, Respondents filed a Response to the Petition. ECF No. 4.

1 Respondents acknowledged that Petitioner must be considered detained under 8 ||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.

4 ||Cal. Nov. 20, 2025). Accordingly, the Court GRANTS the Petition as follows: 5 (1) The Court ORDERS Respondents to provide Petitioner with a bond 6 determination hearing, under 8 U.S.C. § 1226(a), within seven days of 7 this Order. At the hearing, Respondents may not deny Petitioner bond 8 on the basis that he is detained under 8 U.S.C. § 1225(b)(2).

9 (2) If Respondents fail to provide Petitioner a bond hearing within the 10 specified time period or pursuant to 8 U.S.C. § 1226(a), the Court 11 ORDERS Petitioner’s immediate release; 12 (3) Respondents are ORDERED to File a Notice of Compliance within five 13 days of providing Petitioner with a bond redetermination hearing, 14 including apprising the Court of the results of the hearing; and 15 (4) The Clerk of Court is DIRECTED to CLOSE the suit after receipt of 16 Respondents’ Notice.

17 IT IS SO ORDERED.

18 || Dated: January 22, 2026 19 Soar Str, 20 Honorable James E. Simmons Jr. 1 United States District Judge