Angelo Alexandro Codallo-Cambero v. Pam Bondi, Attorney General; Markwayne Mullin, Secretary of DHS; Todd Lyons, Director of ICE; Christopher Larose, Warden of ICE

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ANGELO ALEXANDRO CODALLO- Case No.: 3:26-cv-2559-JES-AHG CAMBERO, 12 ORDER: Petitioner, 13 v. (1) STAYING REMOVAL OF 14 PETITIONER TO PRESERVE PAM BONDI, Attorney General; 15 JURISDICTION; MARKWAYNE MULLIN, Secretary of

16 DHS; TODD LYONS, Director of ICE; (2) GRANTING THE MOTION TO CHRISTOPHER LAROSE, Warden of 17 APPOINT COUNSEL; Otay Mesa Detention Center,

18 Respondents. (3) REQUIRING A RESPONSE TO 19 PETITION FOR WRIT OF HABEAS CORPUS AND MOTION FOR 20 TEMPORARY RESTRAINING 21 ORDER; and

22 (4) SETTING BRIEFING 23 SCHEDULE [ECF Nos. 1, 2, 3] 24 25 26 27 Before the Court is Petitioner Angelo Alexandro Codallo-Cambero’s: (1) Petition 28 for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Petition”); (2) Motion for a 1 Temporary Restraining Order (“TRO”); and (3) Motion to Appoint Counsel. ECF Nos. 1- 2 3. 3 To preserve the Court’s jurisdiction pending a ruling in this matter, Petitioner shall 4 not be removed from this District unless and until the Court orders otherwise. See Doe v. 5 Bondi, Case. No. 25-cv-805-BJC-JLB, 2025 WL 1870979 at *2 (S.D. Cal. June 11, 2025) 6 (“Federal courts retain jurisdiction to preserve the status quo while determining whether it 7 has subject matter jurisdiction over a case and while a petition is pending resolution from 8 the court.”) (citing cases); A.M. v. LaRose et al., 25-cv-01412, ECF No. 2 (S.D. Cal. June 9 4, 2025) (“Pursuant to Petitioner’s request for a Temporary restraining order, the Court 10 hereby (1) RESTRAINS and ENJOINS Respondents, their agents, employees, successors, 11 attorneys, and all persons in active concert and participation with them, from removing 12 Petitioner A.M. from the United States or this District pending further order of this Court”); 13 see also A.A.R.P v. Trump, 605 U.S. 91, 97 (2025) (Federal courts have “the power to issue 14 injunctive relief to prevent irreparable harm to the applicant and to preserve [] jurisdiction 15 over the matter.”); Nguyen v. Scott, No. 2:25-CV-01398, 2025 WL 2097979, at *3 (W.D. 16 Wash. July 25, 2025) (enjoining the Respondents from removing Petitioner without 17 approval from the court). 18 Based on Petitioner’s filings, the Court has identified multiple potential grounds 19 under which he may be entitled to habeas relief. Considering the complexity and potential 20 validity of the constitutional, statutory, and procedural issues presented in this matter, the 21 Court finds that the appointment of representation serve the interests of justice. 18 U.S.C. 22 § 3006A(a)(2)(B); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). The Court finds 23 further, based on the in affidavit he provided the Court, that Petitioner is financially eligible 24 for appointed counsel. See Pet.; see also ECF No. 3. Accordingly, the Court hereby 25 CONDITIONALLY APPOINTS Federal Defenders of San Diego, Inc., as counsel, 26 effective immediately. 27 Accordingly, Respondents are ORDERED TO SHOW CAUSE as to why the 28 Petition and TRO should not be granted by filing a Response no later than 5:00 p.m. on | || Thursday, April 29, 2026. The Response shall include any documents relevant to the 2 ||determination of the issues raised in the Petition and TRO and address whether an 3 evidentiary hearing on the Petition and TRO is necessary. Petitioner may file an optional 4 || Traverse in support of the Petition, no later than 5:00 p.m. on Monday, May 4, 2026. No 5 || oral argument will be held unless otherwise ordered. 6 Finally, the Court provides notice to the parties that it intends to consolidate the 7 ||Motion for a Temporary Restraining Order with a determination on the merits under Rule 8 65(a)(2). See Fed. R. Civ. P. 65(a)(2); see also Slidewaters LLC v. Wash. State Dep't of 9 || Lab. & Indus., 4 F.4th 747, 759 (9th Cir. 2021) (noting the court can invoke Rule 65(a)(2) 10 giving "clear and unambiguous notice"). In other words, the Court intends to resolve 11 || both the Petition and the TRO. 12 IT IS SO ORDERED. 13 || Dated: April 24, 2026 14 □□□ Sir, 15 Honorable James E. Sunmons Jr. 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28