Alexi Ayala Perez v. Kristi Noem, et al.

• Court: District Court, S.D. California
• Decided: December 29, 2025
• Docket: 3:25-cv-03777
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ALEXI AYALA PEREZ, Case No.: 3:25-cv-03777-CAB-JLB

12 Petitioner, ORDER TO RESPOND 13 v. 14 KRISTI NOEM, et al., 15 Respondents. 16 17 On December 25, 2025, Petitioner Alexi Ayala Perez (“Petitioner”) filed a petition 18 for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. [Doc. No. 1 (“Petition”).] 19 Petitioner claims that he is detained by Immigration and Customs Enforcement (“ICE”) in 20 violation of the Immigration and Nationality Act, the Fifth Amendment, and ICE’s own 21 regulations governing the termination of parole. [Id. at 2, 12–14.] He principally seeks 22 immediate release, or alternatively, a constitutionally adequate bond hearing. [Id. at 15.] 23 Having reviewed the petition, the Court finds summary dismissal is unwarranted at 24 this time. See Kourteva v. INS, 151 F. Supp. 2d 1126, 1128 (N.D. Cal. 2001) (“Summary 25 dismissal is appropriate only where the allegations in the petition are vague or conclusory, 26 palpably incredible, or patently frivolous or false.”). 27 /// 28 /// 1 Accordingly, the Court ORDERS as follows: 2 l. Respondents shall file a response to the Petition by January 5, 2026. The 3 ||response must address the allegations in the Petition and must include any documents 4 ||relevant to the determination of the issues raised in the Petition. 5 2. Petitioner may file a reply by January 8, 2026. 6 3. To maintain the status quo, Respondents, their officers, agents, servants, 7 ||employees, attorneys, and other persons who act in concert or participation with 8 ||Respondents SHALL NOT transfer Petitioner outside of the Southern District of 9 || California pending the Court’s resolution of the petition.! 10 4. The Clerk of Court shall provide the Civil Division of the U.S. Attorney’s 11 || Office with a copy of the Petition and this order. 12 It is SO ORDERED. 13 || Dated: December 29, 2025 ( Oe — 14 Hon. Cathy Ann Bencivengo 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 ' See Doe v. Bondi, Case No. 3:25-cv-805-BJC-JLB, 2025 WL 1870979, at *1 (S.D. Cal. June 11, 2025) 27 (“Federal courts retain jurisdiction to preserve the status quo while determining whether [they have] 8 subject matter jurisdiction over a case and while a petition is pending resolution from the court.”’) (collecting cases).