Full Opinion

1 2 JS-6 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JOSE MANUEL ABADIN PEREZ, Case No. EDCV 26-4779 PVC 12 Petitioner, 13 v. JUDGMENT 14 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, 15 Respondent. 16 17 Pursuant to the Memorandum Decision and Order Granting Petition and Immediate 18 Release, 19 20 IT IS HEREBY ADJUDGED that the Petition for Writ of Habeas Corpus is 21 GRANTED and Judgment is entered in favor of Petitioner. 22 23 IT IS FURTHER ORDERED THAT: 24 25 (1) Respondent is ordered to immediately release Petitioner Jose Manuel 26 Abadin Perez (A-number 024459628) under reasonable conditions of 27 supervision; 28 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; 11 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; 18 (5) Respondent shall file within two days of the date of the Court’s Judgment, a status report confirming Petitioner’s release; and 21 (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 28