California Case Summaries

Francisco Antonio Aguilar Martinez v. Warden, Adelanto ICE Processing Center et al. — Unopposed § 2241 Habeas Petition Granted; Release from ICE Detention Ordered

Unreported / Non-Citable

Case
Francisco Antonio Aguilar Martinez v. Warden, Adelanto ICE Processing Center et al.
Court
U.S. District Court — Central District of California
Judge
Steve Kim
Date decided
2026-10-29
Docket No.
5:26-cv-06219
Topics
habeas corpus, immigration detention, release on bond, conditional parole, unopposed petition, retained jurisdiction

Disposition notice

On October 29, 2026, United States Magistrate Judge Steve Kim granted Francisco Antonio Aguilar Martinez's unopposed petition for a writ of habeas corpus under 28 U.S.C. § 2241 and ordered him released from ICE detention forthwith on the posting of bond or on conditional parole no more restrictive than the humanitarian parole granted on or about December 28, 2022. The order treats the petition as unopposed under General Order 26-05, which allows the court to presume an immigration habeas petition unopposed if the U.S. Attorney's Office makes no timely appearance and files no timely answer; respondents' answer was due by October 28, 2026. The court retained jurisdiction to enforce its order and judgment if the petitioner is arrested and re-detained in violation of the Immigration and Nationality Act or the listed implementing regulations, and over any successive action or petition under § 2241 alleging that the petitioner is being held in immigration custody within the district in violation of federal law. Judgment in the petitioner's favor will be entered accordingly.

Read the public order

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