California Case Summaries

Gabriel Alcantar De Lira v. Fereti Semaia et al. — Habeas Petition Granted in Part; ICE Must Provide Bond Hearing or Release Petitioner Within Seven Days

Unreported / Non-Citable

Case
Gabriel Alcantar De Lira v. Fereti Semaia et al.
Court
U.S. District Court — Central District of California
Judge
Steve Kim
Date decided
2026-10-29
Docket No.
5:26-cv-06261
Topics
habeas corpus, 28 U.S.C. § 2241, immigration detention, bond hearing, custody redetermination, 8 U.S.C. § 1226(a), ICE custody, release order

Disposition notice

On October 29, 2026, U.S. Magistrate Judge Steve Kim of the Central District of California granted in part Gabriel Alcantar De Lira's petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court ordered that, no later than seven days from the order, the petitioner shall be released from ICE custody unless he is provided a custody redetermination hearing under 8 U.S.C. § 1226(a) and 8 C.F.R. § 236.1(d)(1), citing Rodriguez Vazquez v. Bostock and Rodriguez Diaz v. Garland. A footnote clarifies that the immigration judge retains ordinary discretion to continue the hearing past the seventh day for good cause, such as securing counsel or marshaling evidence. The court also stated it retains jurisdiction to enforce its judgment, subject to the limits of 8 U.S.C. § 1226(e), and over any successive § 2241 petition alleging unlawful immigration custody within the district. Judgment was to be entered accordingly.

Read the public order

Scroll to Top