Full Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OCTAVIO CRUZ GASCA, No. 1:26-cv-07938-DJC-CKD 12 Petitioner, 13 v. RELEASE ORDER 14 WARDEN, CALIFORNIA CITY A# 222-597-708 15 IMMIGRATION PROCESSING CENTER, 16 Respondent. 17 18 Petitioner is an immigration detainee proceeding with a Petition for Writ of 19 Habeas Corpus. The Court has previously addressed the legal issues raised in the 20 Petition. , No. 1:25-cv-01533-DJC-AC, 2025 WL 3190899 (E.D. 21 Cal. Nov. 15, 2025); , No. 1:25-cv-01906-DJC-JDP, 2025 22 WL 3707140 (E.D. Cal. Dec. 22, 2025). 23 Pursuant to 28 U.S.C. § 2243, the Court directed Respondents to file a return 24 showing cause why the Court should not grant a writ of habeas corpus. (ECF No. 4.) 25 In light of the Ninth Circuit’s recent decision in , --- F.4th 26 ---, 2026 WL 2196424 (9th Cir. July 30, 2026), Respondents have conceded that 27 binding precedent establishes a statutory right to a bond hearing. (ECF No. 7 at 1.) 28 1 | Butthe lengthy delay in providing the statutorily mandated bond hearing violates 2 | Petitioner's due process rights and justifies release. 3 Accordingly, for the reasons stated the Court's prior decisions, IT IS HEREBY 4 | ORDERED that the Petition for Writ of Habeas Corpus (ECF No. 1) is GRANTED for the 5 | reasons stated in those prior orders. 6 Respondents are ORDERED to immediately release Petitioner Octavio Cruz 7 | Gasca from their custody. Respondents shall not impose any additional restrictions on 8 | Petitioner, unless that is determined to be necessary at a future pre- 9 | deprivation/custody hearing. If the government seeks to re-detain Petitioner, it must 10 | provide no less than seven (7) days’ notice to Petitioner and must hold a pre- 11 | deprivation bond hearing before a neutral arbiter pursuant to section 1226(a) and its 12 | implementing regulations, at which Petitioner's eligibility for bond must be 13 | considered. This Order does not address the circumstances in which Respondents 14 | may detain Petitioner in the event Petitioner becomes subject to an executable final 15 | order of removal. 16 Respondents shall file a status report within five (5) days confirming Petitioner's 17 | release. 18 The Clerk of the Court is directed to serve the California City Immigration 19 | Processing Center with a copy of this Order. 20 The Clerk of the Court is further directed to close this case and enter judgment 21 | for Petitioner. This Order resolves all pending motions. 22 53 IT 1S SO ORDERED. 24 | Dated: _October 8, 2026 Donel J CoDbnatto Hon. Daniel alabretta 25 UNITED STATES DISTRICT JUDGE 26 27 28