GEBREMARIAM SOLOMON BRHANE v. KRISTI NOEM, et al.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 GEBREMARIAM SOLOMON Case No. 26-cv-00349-BAS-MSB BRHANE, 12 ORDER: Petitioner, 13 v. (1) REQUIRING THE 14 GOVERNMENT TO RESPOND KRISTI NOEM, et al., 15 TO AMENDED PETITION Respondents. FOR WRIT OF HABEAS 16 CORPUS (ECF No. 6); AND 17 (2) SETTING HEARING ON 18 AMENDED PETITION 19 20 21 Petitioner Gebremariam Solomon Brhane filed a pro se Petition for Writ of Habeas 22 Corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) The Court referred the matter to 23 Federal Defenders of San Diego, Inc., for consideration of appointment of counsel. (ECF 24 No. 2.) Federal Defenders responded by filing an Amended Petition on February 12, 2026. 25 (ECF No. 6.) Accordingly, the Court confirms appointment of Federal Defenders as 26 counsel for Petitioner. 27 Having reviewed the Amended Petition, the Court finds summary dismissal is 28 unwarranted at this time. See Kourteva v. INS, 151 F. Supp. 2d 1126, 1128 (N.D. Cal. 1 ||2001) (“Summary dismissal is appropriate only where the allegations in the petition are 2 || vague or conclusory, palpably incredible, or patently frivolous or false.”). Therefore, the 3 || Court will order the Government to respond to the Amended Petition and set a hearing. 4 Accordingly, the Court ORDERS as follows: 5 l. The Government must file a response to the Amended Petition no later than 6 February 19, 2026. The Government’s response must address the allegations in the 7 || Amended Petition and must include any documents relevant to the determination of the 8 ||issues raised in the Amended Petition. 9 2. Petitioner may file a reply in support of his Amended Petition no later than 10 || February 26, 2026. 11 3. The parties must appear in Courtroom 12B on March 6, 2026, at 2:00 p.m. 12 || for a hearing on the Amended Petition. 13 4. The Clerk of Court shall provide the Civil Division of the U.S. Attorney’s 14 || Office with a copy of the Amended Petition (ECF No. 6) and this Order. 15 IT IS SO ORDERED. 16 17 || DATED: February 12, 2026 yatta Bahar 18 Hon. Cynthia Bashant, Chief Judge 19 United States District Court

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