Pimentel Lopez v. Warden, Otay Mesa Detention Center

Aug 4, 2026
3:26-cv-03756

ORDER GRANTING IN PART AMENDED PETITION FOR WRIT OF HABEAS CORPUS

(ECF No. 6)

Presently before the Court is Jose Samuel Pimentel Lopez’s Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Pet.,” ECF No. 6). Also before the Court is Respondents’ Return to Habeas Petition (“Ret.,” ECF No. 8).

Petitioner has resided in the United States since 2004 and alleges that he has been detained since March 14, 2026, when he was arrested on his way to work. Pet. at 2. The Ninth Circuit held that unadmitted non-citizens present in the interior of the United States are subject to 8 U.S.C. § 1226 and are not subject to 8 U.S.C. § 1225. Rodriguez Vazquez v. Bostock, No. 25-6842, --- F.4th --- (9th Cir. July 30, 2026). Respondents acknowledge that Petitioner “is an unadmitted alien present in the interior of the United States” and therefore “is subject to detention under 8 U.S.C. § 1226(a).” Ret. at 1. Respondents do not oppose an order directing a bond hearing to be held pursuant to 8 U.S.C. § 1226(a). Id. Therefore, the Petition (ECF No. 6) is GRANTED IN PART.1

CONCLUSION

Based on the foregoing, the Court GRANTS IN PART Petitioner’s Amended Petition for Writ of Habeas Corpus (ECF No. 6) and ORDERS the Government to provide Petitioner with an individualized bond hearing under 8 U.S.C. § 1226(a) within fourteen (14) days, unless Petitioner, the non-citizen, requests a continuance. Bond SHALL NOT be denied on the basis that 8 U.S.C. § 1225(b)(2) requires mandatory detention. The non-citizen bears the burden of demonstrating, by a preponderance of the evidence, that they are not a danger to the community or a flight risk. See Rodriguez Diaz v. Garland, 53 F.4th 1189, 1197 (9th Cir. 2022). The Court DENIES IN PART the Petition to the extent that Petitioner requests to be released from custody.

The Parties SHALL FILE a status report informing the Court of the outcome of the hearing or informing the Court of Petitioner’s request for a continuance by August 28, 2026. The Clerk of Court SHALL CLOSE the file.

IT IS SO ORDERED.

Dated: August 4, 2026

Hon. Janis L. Sammartino

United States District Judge

Notes

1
The Court denies the Petition insofar as Petitioner requests release based on the lack of an administrative warrant. See Gonzalez-Ramos v. Mullin, No. 26-CV-3159 JLS (GC), 2026 WL 1865899 (S.D. Cal. June 29, 2026).