Unreported / Non-Citable
Background
Petitioner Anival Mateo Gregorio-Carrillo, a native and citizen of Guatemala, entered the United States without inspection in 2005 and received DACA status in 2013. In 2016, DHS issued a Notice to Appear charging him as removable. An Immigration Judge granted voluntary departure with an alternate order of removal to Guatemala on October 30, 2018, which the BIA affirmed on March 28, 2019. Petitioner appealed to the Ninth Circuit, which issued a stay of removal pending adjudication of his petition for review; that stay remains in effect.
Petitioner accumulated three DUI convictions between 2018 and 2026, the latest resulting in a 16-month state prison sentence. Upon his release from state prison on September 4, 2026, ICE took him into custody, served a Notice of Revocation of Release, and detained him pending removal. Petitioner filed a habeas corpus petition under 28 U.S.C. § 2241 on October 8, 2026, challenging the legality of his detention and seeking a bond hearing. Respondents acknowledged Petitioner appears entitled to an initial bond hearing under Rodriguez Vazquez v. Bostock, 183 F.4th 1160 (9th Cir. 2026), and conceded that at most the remedy would be ordering a bond hearing under 8 U.S.C. § 1226(a).
The Court’s Holding
The Court granted the petition for writ of habeas corpus, holding that Petitioner’s detention is governed by 8 U.S.C. § 1226(a) rather than § 1231 because the Ninth Circuit’s stay of removal means his removal order is not yet final. Under § 1226(a), Petitioner is entitled to substantial procedural protections, including the right to request an initial custody re-determination before an immigration judge under 8 C.F.R. § 1236.1(d). The Court ordered Respondents to provide Petitioner with an individualized bond hearing before an immigration judge pursuant to § 1226(a) and 8 C.F.R. §§ 1003.19 and 1236.1 within seven days of the order.
If no hearing is held within eight days, Respondents must release Petitioner. Respondents must also file a status report within two business days of the hearing or release attesting to compliance. The immigration judge must consider factors including criminal history, immigration history, manner of entry, fixed residence, length of residence, family ties, employment history, and compliance with prior orders, and must provide reasons for the decision orally or in writing.
Key Takeaways
- A noncitizen with a stayed removal order pending Ninth Circuit review is detained under 8 U.S.C. § 1226(a), not § 1231, and is entitled to a bond hearing.
- Respondents conceded Petitioner’s entitlement to a bond hearing under Rodriguez Vazquez v. Bostock, 183 F.4th 1160 (9th Cir. 2026).
- The Court ordered a bond hearing within 7 days and automatic release if no hearing occurs within 8 days.
- The immigration judge must consider the full range of Guerra factors and provide a reasoned decision.
- The Court retained oversight by requiring a status report within two business days of the hearing or release.
Why It Matters
This order clarifies that a noncitizen subject to a removal order that has been stayed by the Ninth Circuit pending a petition for review remains in pre-final-order detention under § 1226(a), not post-final-order detention under § 1231. The decision reinforces the procedural protections of § 1226(a), including the right to an individualized bond hearing before an immigration judge, even for noncitizens with criminal convictions.
The Court’s strict timeline—7 days for a hearing, 8 days for release if no hearing occurs—demonstrates the judiciary’s willingness to enforce statutory detention limits and prevent prolonged detention without individualized review. The order also underscores the binding effect of Rodriguez Vazquez in the Central District of California.