Unreported / Non-Citable
Background
Raul Jeronimo Mejia, a native and citizen of Guatemala, entered the United States without inspection on or about September 5, 2020. He was detained by immigration authorities on July 29, 2026, during a targeted operation. On that date he was issued a notice to appear, an arrest warrant, and a notice of custody determination, and on the custody notice he checked the box requesting an immigration judge review of his custody determination.
Despite that request, Mejia did not receive a custody redetermination hearing until October 8, 2026, approximately ten weeks later. At that hearing the immigration judge denied bond, citing his recent criminal history as showing danger to the community and flight risk; Mejia reserved his right to appeal that determination.
On October 15, 2026, Mejia filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 and a motion for a temporary restraining order seeking immediate release. Respondents opposed, arguing that detention under 8 U.S.C. § 1226(a) was lawful and that he had received all process due, but their opposition did not address the roughly ten-week delay between his request and the hearing.
The Court’s Holding
The court found that Respondents violated the Immigration and Nationality Act and Mejia's Fifth Amendment right to due process by failing to provide a prompt custody redetermination hearing despite his explicit request. Under § 1226(a) and its regulations, a noncitizen who checks the request box on the notice of custody determination, or otherwise requests review, is entitled to a custody redetermination hearing in immigration court.
The court relied on Brito v. U.S. Immigration and Customs Enforcement and other Ninth Circuit authority holding that due process requires a prompt hearing once requested. It emphasized that Mejia was deprived of that statutory right for approximately ten weeks and that Respondents offered no explanation for the delay or argument that the delay did not make continued detention unlawful.
The court granted the habeas petition and temporary restraining order and directed Respondents to immediately release Mejia, to impose no additional restrictions such as electronic monitoring unless necessary at a future custody hearing, and to return all his documents and possessions upon release. If the government seeks to re-detain him, it must provide a prompt bond hearing at which Mejia bears the burden of showing he is not a flight risk or danger to community safety. The court also denied the in forma pauperis and appointed-counsel motions as moot and directed entry of judgment for Petitioner.
Key Takeaways
- A noncitizen who requests a custody redetermination hearing by checking the box on the notice of custody determination is entitled to a prompt hearing; an approximately ten-week delay violates both the Immigration and Nationality Act and due process.
- The government's unexplained failure to provide a requested custody redetermination hearing for a substantial period can render continued detention unlawful and justify immediate release.
- District courts in the Ninth Circuit have treated prompt post-deprivation review as required when a fundamental liberty interest is at stake.
- When habeas relief orders release from immigration detention, the court may also set conditions for any future re-detention, including a prompt bond hearing and allocation of the burden of proof.
- A pro se petitioner's TRO motion may be granted together with the habeas petition without awaiting a reply where waiting would delay the relief sought.
Why It Matters
The decision reinforces that immigration detention, even if initially lawful, becomes unlawful when the government fails to provide a requested custody redetermination hearing promptly. It treats the hearing right as a substantive protection rather than a formality.
It also shows that courts may order immediate release and attach protective conditions governing any later re-detention, warning immigration authorities that unexplained delays in required hearings can result in loss of custody authority.