Boshra Eid Boshra Abdelmalek v. Christopher Chestnut, et al.

Opinion

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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 BOSHRA EID BOSHRA ABDELMALEK, Case No. 1:26-cv-00946-KES-EPG-HC

12 Petitioner, ORDER GRANTING PETITIONER’S MOTION TO ISSUE ORDER TO SHOW 13 v. CAUSE IN PART 14 CHRISTOPHER CHESTNUT, et al., (ECF No. 3) 15 Respondents. ORDER TO RESPOND 16 ORDER SETTING BRIEFING SCHEDULE 17 ORDER TO ELECTRONICALLY FILE 18 TRANSCRIPTS AND OTHER NECESSARY 19 DOCUMENTS

20 ORDER DIRECTING CLERK OF COURT TO SERVE DOCUMENTS 21 22 Petitioner, represented by counsel, is a federal immigration detainee proceeding with a 23 petition of writ of habeas corpus pursuant to 28 U.S.C. § 2241. 24 The Court has conducted a preliminary review of the Petition. It is not clear from the face 25 of the Petition whether Petitioner is entitled to relief. 28 U.S.C. § 2243. Accordingly, pursuant to 26 Rule 4 of the Rules Governing Section 2254 Cases,1 the Court HEREBY ORDERS: 27 1 The Rules Governing Section 2254 Cases may apply to § 2241 habeas petitions. See Rule 1(b) of the 1 1. Petitioner’s motion for issuance of order to show cause (ECF No. 3) is 2 GRANTED IN PART; 3 2. Within THIRTY (30) days of the date of service of this order, Respondent 4 SHALL FILE a RESPONSE to the Petition, including addressing whether this 5 case is distinguishable from those cases in which this Court has granted habeas 6 relief. See Rule 4, Rules Governing Section 2254 Cases; Cluchette v. Rushen, 770 7 F.2d 1469, 1473–74 (9th Cir. 1985) (court has discretion to fix time for filing a 8 response).2 A Response can be made by filing one of the following: 9 A. AN ANSWER addressing the merits of the Petition. Any argument 10 by Respondent that Petitioner has procedurally defaulted a claim 11 SHALL BE MADE in the ANSWER but must also address the 12 merits of the claim asserted. 13 B. A MOTION TO DISMISS the Petition. 14 3. Within THIRTY (30) days after service of this order, Respondent SHALL FILE 15 any and all transcripts or other documents necessary for the resolution of the 16 issues presented in the Petition. See Rule 5(c), Rules Governing Section 2254 17 Cases. The transcripts or other documents shall only be filed electronically 18 and, to the extent practicable, provided in Optical Character Recognition 19 (“OCR”) format. Respondent shall not file a hard copy of the transcripts or 20 other documents unless so ordered by this Court. 21 4. If Respondent files an Answer to the Petition, Petitioner MAY FILE a Traverse 22 within FIFTEEN (15) days of the date of service of Respondent’s Answer. If no 23 Traverse is filed, the Petition and Answer are deemed submitted at the expiration 24 of the fifteen days. 25 5. If Respondent files a Motion to Dismiss, Petitioner SHALL FILE an Opposition 26 or Statement of Non-Opposition within FOURTEEN (14) days of the date of 27 2 See also Schwarz v. Meinberg, 478 F. App’x 394, 395 (9th Cir. 2012) (rejecting petitioner’s contention l service of Respondent’s Motion. Any Reply to an Opposition to the Motion to 2 Dismiss SHALL be filed within SEVEN (7) days after the Opposition has been 3 filed in CM/ECF. The Motion to Dismiss will be deemed submitted when the time 4 to reply has expired. 5 6. Respondent SHALL COMPLETE and RETURN to the Court within THIRTY 6 (30) days a Consent/Decline form indicating whether Respondent consents or 7 declines to consent to the jurisdiction of a United States Magistrate Judge 8 pursuant to Title 28 U.S.C. § 636(c)(1). 9 7. The Clerk of Court is DIRECTED to SERVE a copy of this order along with a 10 copy of the Petition on the Office of the United States Attorney for the Eastern 11 District of California. 12 All motions shall be submitted on the record and briefs filed without oral argument unless 13 | otherwise ordered by the Court. These dates should be considered as firm by all parties. If any 14 | party requires additional time, it should file a motion for amendment of the schedule before a 15 | deadline has passed and explain in detail why the party cannot comply with this schedule. 16 | Extensions of time will only be granted upon a showing of good cause. All provisions of Local 17 | Rule 110 are applicable to this order. 18 IT IS SO ORDERED. 19 20 Dated: _ February 4, 2026 [sl ey 31 UNITED STATES MAGISTRATE JUDGE

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