Unreported / Non-Citable
Background
Petitioner Amado Lopez Nolasco, an immigration detainee held at the Golden State Annex detention facility, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging his prolonged mandatory detention without a bond hearing. 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 15, 2026, the magistrate judge issued findings and recommendations granting the petition, which were served on all parties with notice that objections were due within five days.
On October 20, 2026, respondents filed objections to the findings and recommendations, incorporating by reference their previous briefing. Respondents also requested dismissal of the Warden of Krome North Service Processing Center, acknowledging that the proper respondent is the Warden of the Golden State Annex detention facility where petitioner is actually held. The district court reviewed the record de novo as to legal conclusions and presumed the magistrate judge's factual findings to be correct under Ninth Circuit precedent.
The Court’s Holding
The district court adopted the magistrate judge's findings and recommendations in full, finding them supported by the record and the magistrate judge's analysis. The court granted petitioner's habeas corpus application and ordered respondents to provide petitioner a bond hearing before an immigration judge pursuant to 8 C.F.R. § 1236.1(c)(8) within 14 days of the order's entry. At this hearing, petitioner bears the burden of showing he is not a flight risk or a danger to community safety.
The court further ordered that respondents provide petitioner and his counsel with seven days' advance notice of the bond hearing date and time, and allow petitioner to have counsel present. If respondents fail to comply with these requirements, petitioner shall be immediately released from custody. Respondents must file a status report certifying compliance and attaching the immigration judge's bond hearing order within 17 days. The court also directed the Clerk to substitute the Warden of the Golden State Annex for the Warden of Krome North Service Processing Center as the proper respondent, serve the order on the Golden State Annex, enter judgment for petitioner, and close the case.
Key Takeaways
- The court granted habeas relief to an immigration detainee held under mandatory detention, requiring a bond hearing before an immigration judge within 14 days.
- The detainee bears the burden of proving he is not a flight risk or danger to the community at the bond hearing, consistent with 8 C.F.R. § 1236.1(c)(8).
- Respondents must provide 7 days' advance notice of the hearing and allow the detainee to have counsel present.
- Failure to comply with the bond hearing order triggers immediate release of the petitioner.
- The court corrected the respondent designation, substituting the Warden of the Golden State Annex where the petitioner is actually detained.
Why It Matters
This order enforces due process protections for immigration detainees subject to prolonged mandatory detention by requiring individualized bond hearings. The decision applies Ninth Circuit standards for reviewing magistrate judge recommendations and ensures compliance through a strict timeline with automatic release as a sanction for non-compliance. The ruling also clarifies the proper respondent in habeas actions is the warden of the facility where the petitioner is physically held.