Rudy Leonardo Luna Hernandez v. Warden Desert View Annex, 5:26-cv-04184

JUDGMENT

IT IS HEREBY ADJUDGED that the Petition is GRANTED.

Respondents shall immediately release Petitioner Rudy Leonardo Luna Hernandez (A# 246-544-090) (“Petitioner“) from custody under the conditions of his prior parole (only those conditions in place prior to Petitioner‘s June 26, 2026 re-detention). Respondents shall also immediately return any confiscated property and documents to Petitioner upon release. Respondents shall not re-detain Petitioner pursuant to 8 U.S.C. § 1226 without providing at least seven (7) days’ notice and a pre-deprivation bond hearing. The pre-deprivation bond hearing shall occur before an Immigration Judge at which the Government bears the burden of proof to show by clear and convincing evidence that Petitioner is a flight risk or a danger to the community and that no condition or combination of conditions could reasonably assure Petitioner‘s future appearance and/or the safety of the community. The Immigration Judge must conduct an individualized assessment of Petitioner‘s suitability for bond in light of the forgoing standard. Respondents shall file a notice of compliance within three days.

LET JUDGMENT BE ENTERED ACCORDINGLY.

DATED: August 4, 2026

HON. A. JOEL RICHLIN

UNITED STATES MAGISTRATE JUDGE

Case Details

Case Name: Rudy Leonardo Luna Hernandez v. Warden Desert View Annex

Court Name: District Court, C.D. California

Date Published: Aug 4, 2026

Citation: 5:26-cv-04184

Docket Number: 5:26-cv-04184

Court Abbreviation: C.D. Cal.