Fuad Abdulielil Ahmed v. Sixto Marrero

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 FUAD ABDULIELIL AHMED, Case No. 26-cv-01170-BAS-MMP

12 Petitioner, ORDER: 13 v. (1) REQUIRING THE 14 SIXTO MARRERO, GOVERNMENT TO RESPOND 15 Respondent. TO PETITION FOR WRIT OF HABEAS CORPUS (ECF No. 1); 16 AND 17 (2) SETTING HEARING ON 18 PETITION 19 20 21 Petitioner Fuad Abdulielil Ahmed filed a Petition for Writ of Habeas Corpus 22 pursuant to 28 U.S.C. § 2241. (ECF No. 1.) In his Petition, Petitioner claims that he is 23 being detained by Immigration and Customs Enforcement (“ICE”) in violation of the Fifth 24 Amendment. (Id.) 25 Having reviewed the Petition, the Court finds summary dismissal is unwarranted at 26 this time. See Kourteva v. INS, 151 F. Supp. 2d 1126, 1128 (N.D. Cal. 2001) (“Summary 27 dismissal is appropriate only where the allegations in the petition are vague or conclusory, 28 1 || palpably incredible, or patently frivolous or false.”). Therefore, the Court will order the 2 ||Government to respond to the Petition and set a hearing. 3 Accordingly, the Court ORDERS as follows: 4 1. The Government must file a response to the Petition no later than March 4, 5 ||2026. The Government’s response must address the allegations in the Petition and must 6 include any documents relevant to the determination of the issues raised in the Petition. 7 2. Petitioner may file a reply in support of his Petition no later than March 11, 8 2026. 9 3. The parties must appear in Courtroom 12B on March 13, 2026, at 11:30 a.m. 10 || for a hearing on the Petition. 11 4. The Clerk of Court shall provide the Civil Division of the U.S. Attorney’s 12 || Office with a copy of the Petition (ECF No. 1) and this Order. 13 IT IS SO ORDERED. 14 15 || DATED: February 25, 2026 (atta Bahar 16 Hon. Cynthia Bashant, Chief Judge 7 United States District Court

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