Jose Manuel Abadin Perez v. U.S. Immigration and Customs Enforcement
CourtDistrict Court, C.D. California
Date FiledOctober 16, 2026
Docket5:26-cv-04779
StatusUnknown
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Full Opinion
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 JOSE MANUEL ABADIN PEREZ, Case No. EDCV 26-4779 PVC
12 Petitioner,
13 v. JUDGMENT
14 U.S. IMMIGRATION AND CUSTOMS
ENFORCEMENT,
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Respondent.
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Pursuant to the Memorandum Decision and Order Granting Petition and Immediate
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Release,
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IT IS HEREBY ADJUDGED that the Petition for Writ of Habeas Corpus is
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GRANTED and Judgment is entered in favor of Petitioner.
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IT IS FURTHER ORDERED THAT:
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(1) Respondent is ordered to immediately release Petitioner Jose Manuel
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Abadin Perez (A-number 024459628) under reasonable conditions of
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supervision;
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1 (2) Respondent is permanently enjoined from re-detaining Petitioner without
2 first providing him constitutionally adequate process and establishing a
3 lawful basis for renewed detention consistent with the Fifth Amendment
4 and Zadvydas v. Davis, 533 U.S. 678 (2001);
° (3) The Court finds that the August 24, 2026 Notice of Removal, standing
° alone, does not provide Petitioner constitutionally adequate process for
' removal to Mexico because it does not inform him of the legal basis for
the designation, the timing of the proposed removal, or the procedures
° through which he may seek withholding or CAT protections as to
° Mexico;
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12 (4) Respondent is permanently enjoined from removing Petitioner to Mexico
13 or another third country not identified in the operative exclusion and
14 deportation order, unless and until Respondent provides constitutionally
15 adequate notice and a meaningful opportunity to consult counsel and
16 pursue any applicable withholding, CAT, reopening, or other country
17 specific protection before removal;
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(5) Respondent shall file within two days of the date of the Court’s
Judgment, a status report confirming Petitioner’s release; and
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(6) Any fee motion must be filed within the deadlines set by the Equal
Access to Justice Act, 28 U.S.C. § 2412, and this Court's Local Rules; the
Court retains jurisdiction to adjudicate any such motion or other collateral
enforcement issues. uy □
Dated: October 16, 2026 fu.
26 PEDRO V.CASTILLO s—s—s
7 UNITED STATES MAGISTRATE JUDGE
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