Hashmatullah Khatir/Abdul Rahim Rasooli v. Christopher Chestnut, et al.

Opinion

1 2 3 4 5 6 7 10 11 HASHMATULLAH KHATIR/ABDUL No. 1:26-cv-00094-TLN-SCR RAHIM RASOOLI, 12 Petitioners, v. 14 CHRISTOPHER CHESTNUT, et al., 15 Respondents. 16

17 Petitioners, who are immigration detainees proceeding through counsel, filed a petition for 18 a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The court has conducted a preliminary 19 review of the petition pursuant to Rule 4 of the Rules Governing Habeas Corpus Cases Under 20 Section 2254.1 Because petitioners may be entitled to the requested relief if the claimed violation 21 of constitutional rights is proved, respondents will be directed to show cause why the writ should 22 not be granted by filing an answer/return within 14 days from the date of this order. See 28 23 U.S.C. § 2243. Petitioners may file a reply/traverse to the answer/return within 7 days after being 24 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 all of the rules to other types of habeas corpus petitions including § 2241 28 petitions. 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. The Clerk of the Court shall serve a copy of this order together with a copy of 3 || Petitioners’ application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United 4 | States Attorney. 5 2. Respondents are directed to file an answer/return within 14 days from the date of this 6 || order. If an answer/return is filed, respondents shall include with the answer/return any and all 7 || transcripts or other documents relevant to the determination of the issues presented in the 8 | application. 9 3. Petitioners’ reply/traverse, if any, is due within 7 days after being served a copy of 10 || respondent’s answer/return. 11 4. Absent a further order of the court, the petition will be taken under submission after the 12 | filing of the reply/traverse. 13 5. In order to ensure this court’s jurisdiction to resolve the pending § 2241 petition, 14 | respondent shall not transfer petitioner to another detention center outside of this judicial district, 15 | pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which 16 || empowers the federal courts to “issue all writs necessary or appropriate in aid of their respective 17 || jurisdictions....”); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that 18 | federal courts have the power to “to preserve the court’s jurisdiction or maintain the status quo by 19 | injunction pending review of an agency’s action’’). 20 | DATED: January 8, 2026 mk 22 SEAN C. RIORDAN 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28