Unreported / Non-Citable
Background
Fabian Malagon-Alejandres, an immigration detainee represented by counsel, filed an application for a writ of habeas corpus under 28 U.S.C. § 2241 in the United States District Court for the Eastern District of California. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 8, 2026, the magistrate judge filed findings and recommendations, which were served on all parties. The findings and recommendations included notice that any objections were to be filed within seven days. Neither party filed objections to the findings and recommendations.
The Court’s Holding
The district court explained that it presumes any findings of fact are correct, citing Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979), and that the magistrate judge's conclusions of law are reviewed de novo, citing Britt v. Simi Valley Unified School District, 708 F.2d 452, 454 (9th Cir. 1983). After reviewing the file, the court found the findings and recommendations to be supported by the record and by the magistrate judge's analysis.
The court adopted the findings and recommendations (ECF No. 15) in full and granted the petition for writ of habeas corpus (ECF No. 1). Respondents were ordered to immediately release petitioner Fabian Malagon-Alejandres and to provide him with a copy of the release order at or near the time of release. The court further directed that if respondents have custody of petitioner's personal possessions and documents, such as identification, passport, work permit, or Social Security card, those items must be returned at the time of release.
The court also enjoined and restrained respondents from re-detaining petitioner unless the government demonstrates, by clear and convincing evidence at a pre-deprivation constitutionally adequate bond hearing before a neutral decisionmaker, that petitioner is a flight risk or danger to the community such that physical custody is legally justified. Petitioner must be allowed to have counsel present at any such hearing. The injunction does not address other circumstances where detention authority is established under different authority than what is presented in this case, such as 8 U.S.C. § 1226(c) or 8 U.S.C. § 1231. The Clerk was directed to serve the Golden State Annex with a copy of the order, enter judgment in favor of petitioner, and close the case.
Key Takeaways
- The district court granted the habeas corpus petition and ordered the immediate release of an immigration detainee after adopting the magistrate judge's findings and recommendations in full.
- Neither party objected to the magistrate judge's findings and recommendations within the seven-day objection period, and the court found them supported by the record and analysis.
- The court barred re-detention unless the government proves by clear and convincing evidence at a constitutionally adequate bond hearing before a neutral decisionmaker that the petitioner is a flight risk or danger to the community.
- The petitioner must be allowed to have counsel present at any future bond hearing, and the injunction does not apply to detention under different statutory authority such as 8 U.S.C. § 1226(c) or § 1231.
- The Clerk was directed to serve the Golden State Annex with the order, enter judgment in favor of the petitioner, and close the case.
Why It Matters
This order demonstrates the procedural pathway for immigration detainees seeking release through habeas corpus petitions under 28 U.S.C. § 2241, including the role of magistrate judge findings and recommendations and the district court's review standard. The decision underscores that unopposed findings and recommendations, when supported by the record, can lead to swift relief including immediate release.
The injunction against re-detention absent clear and convincing evidence at a constitutionally adequate bond hearing reflects significant procedural protections for immigration detainees, while the court's carve-out for detention under other statutory authorities shows the limits of the relief granted.