Almas Bayazitov v. Christopher Larose, Warden, Otay Mesa Detention Center, et al.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ALMAS BAYAZITOV, Case No.: 26-cv-1642-BJC-BLM 12 Petitioner, ORDER APPOINTING COUNSEL AND SETTING BRIEFING 13 v. SCHEDULE 14 CHRISTOPHER LAROSE, Warden, Otay Mesa Detention Center, et, al., 15 Respondents. 16 17 18 19 On March 16, 2026, Petitioner Almas Bayazitov, proceeding pro se, filed a petition 20 for writ of habeas corpus pursuant to 28 U.S.C. section 2241. Upon review of the Petition, 21 the Court finds that representation is necessary given the complexity and potential validity 22 of the constitutional, statutory, and procedural issues presented. Weygandt v. Look, 718 23 F.2d 952, 954 (9th Cir. 1983). In light of the above, the Court ORDERS as follows: 24 1. The Court CONDITIONALLY APPOINTS Federal Defenders of San Diego, 25 Inc. as counsel effectively immediately. Petitioner shall submit a form CJA 23 26 financial affidavit by March 20, 2026 to demonstrate his financial eligibility. 27 See Terrovona v. Kincheloe, 912 F.2d 1176, 1181-82 (9th Cir. 1990); 18 U.S.C. 28 § 3006A(b). 1 2. Petitioner may file supplemental briefing providing any additional information 2 the Court may need to rule on the merits of the petition no later than close of 3 business on March 20, 2026. 4 3. Respondent shall file a response to the petition no later than close of business 5 March 27, 2026. Respondents shall include copies of all pertinent documents, 6 orders, and transcripts relevant to this petition. 7 4. Petitioner may file a traverse no later than close of business April 3, 2026. 8 Absent further order of this Court, this matter will be deemed under submission 9 at that time. 10 5. Respondent, its agents, employees, successors, attorneys, and all persons acting 11 in active concert or participation with them continue to be ENJOINED from 12 removing Petitioner from the United States or this District pending further order 13 of the Court, to maintain the status quo to allow the Court to provide a reasoned 14 decision to the request at hand. 15 IT IS SO ORDERED. 16 || Dated: March 18, 2026 17

19 Honorable Benjamin J. Cheeks 20 United States District Judge 21 22 23 24 25 26 27 28