Escalante-Gonzalez v. Mullin

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 26 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JACK DANNER ESCALANTE- No. 26-3092 GONZALEZ, D.C. No. 2:26-cv-02143-MTL--MTM Petitioner - Appellant, v. MEMORANDUM* MARKWAYNE MULLIN, Secretary of the United States Department of Homeland Security, in his official capacity; SIRCE OWEN, named as: Sirce Owen, Acting Director of Executive Office for Immigration Review, in her official capacity; LUIS ROSA, Jr., Warden of the Florence Correctional Center, in his official capacity, Respondents - Appellees.

Appeal from the United States District Court for the District of Arizona Michael T. Liburdi, District Judge, Presiding Submitted August 25, 2026**

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Before: SILVERMAN, N.R. SMITH, and DE ALBA, Circuit Judges.

Jack Danner Escalante-Gonzalez appeals from the district court’s judgment denying his 28 U.S.C. § 2241 habeas corpus petition. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, see Martinez v. Clark, 124 F.4th 775, 781 (9th Cir. 2024), and we vacate and remand.

Escalante-Gonzalez contends the district court erred by summarily denying his § 2241 petition. We agree. Escalante-Gonzalez’s petition raises a cognizable, non-frivolous claim regarding his detention. See Rodriguez Vazquez v. Bostock, --- F.4th ---, No. 25-6842, 2026 WL 2196424 (9th Cir. July 30, 2026). We vacate the district court’s March 30, 2026, judgment and order denying his § 2241 petition and remand for the district court to direct the government to be served and to file a response. See Neiss v. Bludworth, 114 F.4th 1038, 1047 (9th Cir. 2024) (“[The] petition alleged a cognizable, non-frivolous claim, and thus, the district court erred by summarily dismissing his petition.”); see also id. at n.2 (remanding to the district court for further proceedings without weighing in on the merits of the petition).

The mandate will issue forthwith.

VACATED and REMANDED.

2 26-3092