Gurdit Singh v. Christopher Chesnut, et. al.

Opinion

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GURDIT SINGH, No. 1:26-CV-00273-WBS-DMC-HC 12 Petitioner, ORDER 13 v. 14 CHRISTOPHER CHESNUT, et. al., 15 Respondents. 16 17 Petitioner, an immigration detainee proceeding with retained counsel, brings this 18 petition for a writ of habeas corpus under 28 U.S.C. § 2241. See ECF No. 1. 19 The court has conducted a preliminary review of the petition pursuant to Rule 4 of 20 the Rules Governing Habeas Corpus Cases Under Section 2254.1 Because Petitioner may be 21 entitled to the requested relief if the claimed violation of constitutional rights is proved, 22 respondent will be directed to show cause why the writ should not be granted by filing an 23 answer/return within 14 days from the date of this order. See 28 U.S.C. § 2243. Petitioner may 24 file a reply/traverse to the answer/return within 7 days after being served a copy of it. 25 / / / 26 / / / 27 1 Rule 1(b) of the Rules Governing Habeas Corpus Cases Under Section 2254 allows a district court to apply any or 28 all of the rules to other types of habeas corpus petitions including § 2241 petitions. 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Respondent is directed to file an answer/return within 14 days from the date of 3 this order. If an answer/return is filed, respondent shall include with the answer/return 4 any and all transcripts or other documents relevant to the determination of the issues 5 presented in the application. 6 2. Petitioner’s reply/traverse, if any, is due within 7 days after being served a copy 7 of respondent’s answer/return. 8 3. The Clerk of the Court shall serve a copy of this order together with a copy of 9 petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the 10 United States Attorney. 11 4. In order to ensure this court’s jurisdiction to resolve the pending § 2241 12 petition, respondent shall not transfer petitioner to another detention center outside of this 13 judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing 14 the All Writs Act which empowers the federal courts to “issue all writs necessary or 15 appropriate in aid of their respective jurisdictions....”); see also F.T.C. v. Dean Foods Co., 16 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to “to preserve 17 the court’s jurisdiction or maintain the status quo by injunction pending review of an 18 agency’s action”). 19 20 = 5 Dated: January 16, 2026 Co DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28