Flor Alvarez v. Moises Becerra, et al.

Opinion

1 2 3 4 5 6 7 10 11 FLOR ALVAREZ, No. 1:26-cv-00008 DC SCR 12 Petitioner, 13 v. ORDER 14 MOISES BECERRA, et al., 15 Respondents. 16 17 Petitioner is an immigration detainee proceeding through counsel in this habeas action 18 filed pursuant to 28 U.S.C. § 2241. Petitioner had paid the required filing fee. District Judge 19 Coggins has referred the proceedings to the undersigned pursuant to Local Rule 302(c) and 28 20 U.S.C. § 636(b)(1). ECF No. 4. 21 The undersigned has conducted a preliminary review of the petition pursuant to Rule 4 of 22 the Rules Governing Habeas Corpus Cases Under Section 2254.1 Because petitioner may be 23 entitled to the requested relief if the claimed violation of constitutional rights is proved, and 24 because of the serious nature of the allegations that respondents have not articulated a basis for 25 her detention, that she does not appear in either the online detainee locator system or the EOIR 26

27 1 Rule 1(b) of the Rules Governing Habeas Corpus Cases Under Section 2254 allows a district court to apply any or all of the rules to other types of habeas corpus petitions including § 2241 28 petitions. 1 | system, and that respondents are pressuring her to sign documents she does not understand while 2 || represented, respondents will be directed to show cause why the writ should not be granted by 3 | filing an answer/return within 7 days from the date of this order. See 28 U.S.C. § 2243. 4 | Petitioner may file a reply/traverse to the answer/return within 3 days after being served a copy of 5 || it. 6 In accordance with the above, IT IS HEREBY ORDERED that: 7 1. Respondent is directed to file an answer/return within 7 days from the date of this 8 | order. If an answer/return is filed, respondent shall include with the answer/return any and all 9 || transcripts or other documents relevant to the determination of the issues presented in the 10 | application. 11 2. Petitioner’s reply/traverse, if any, is due within 3 days after being served a copy of 12 | respondent’s answer/return. 13 3. Absent a further order of the court, the petition will be taken under submission after the 14 | filing of the reply/traverse. 15 4. The Clerk of the Court shall serve a copy of this order together with a copy of 16 || petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United 17 | States Attorney. 18 5. In order to ensure this court’s jurisdiction to resolve the pending § 2241 petition, 19 | respondent shall not transfer petitioner to another detention center outside of this judicial district, 20 || pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which 21 || empowers the federal courts to “issue all writs necessary or appropriate in aid of their respective 22 | jurisdictions....”); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that 23 || federal courts have the power to “to preserve the court’s jurisdiction or maintain the status quo by 24 | injunction pending review of an agency’s action”). 25 || DATED: January 6, 2026

28 UNITED STATES MAGISTRATE JUDGE