Octavio Cruz Gasca v. Warden, California City Immigration Processing Center
CourtDistrict Court, E.D. California
Date FiledOctober 9, 2026
Docket1:26-cv-07938
StatusUnknown
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Full Opinion
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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 OCTAVIO CRUZ GASCA, No. 1:26-cv-07938-DJC-CKD
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Petitioner,
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v. RELEASE ORDER
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WARDEN, CALIFORNIA CITY A# 222-597-708
15 IMMIGRATION PROCESSING
CENTER,
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Respondent.
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Petitioner is an immigration detainee proceeding with a Petition for Writ of
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Habeas Corpus. The Court has previously addressed the legal issues raised in the
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Petition. , No. 1:25-cv-01533-DJC-AC, 2025 WL 3190899 (E.D.
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Cal. Nov. 15, 2025); , No. 1:25-cv-01906-DJC-JDP, 2025
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WL 3707140 (E.D. Cal. Dec. 22, 2025).
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Pursuant to 28 U.S.C. § 2243, the Court directed Respondents to file a return
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showing cause why the Court should not grant a writ of habeas corpus. (ECF No. 4.)
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In light of the Ninth Circuit’s recent decision in , --- F.4th
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---, 2026 WL 2196424 (9th Cir. July 30, 2026), Respondents have conceded that
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binding precedent establishes a statutory right to a bond hearing. (ECF No. 7 at 1.)
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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
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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.
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53 IT 1S SO ORDERED.
24 | Dated: _October 8, 2026 Donel J CoDbnatto
Hon. Daniel alabretta
25 UNITED STATES DISTRICT JUDGE
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